P.Nagarathna v. Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition No.33410 of 2019 R.Nagarathna W/o.P.S.Govindarajan ... Petitioner Vs 1.Tahsildar Chengai Taluk, Tiruvannamalai District.

2.Revenue Divisional Officer, Thiruvannamalai District.

3.Block Development Officer, Chengam, Thiruvannamalai District.

4.Tamil Nadu Government, represented by its The Secretary to Government, Rural Development and Panchayat Raj, Secretariat, Fort St.George, Chennai - 600 009.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Revenue Divisional Officer to pass an order of the petitioner Appeal papers filed on 07.07.2017 and on 16.07.2017 and dispose of the same as against the order of Tahsildar, Chengam Taluk, passed in his reference No.E2/15844/2016 dated 09.06.2017. For Petitioner :

Mr.O.R.Abdul Kalaam For Respondents:

Mr.Akhil Akbar Ali Government Advocate ***** 1/3

ORDER

[Order of the Court was made by R.SUBBIAH, J] Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the second respondent to dispose of the petitioner's Appeals dated 07.07.2017 and 16.07.2017 against the order of Tahsildar, Chengam Taluk, passed in reference No.E2/15844/2016 dated 09.06.2017.

2. It is the case of petitioner that she belongs to Lambadi Caste and already obtained Scheduled Caste Certificate from the Government of Karnataka. Petitioner migrated to Thazhiyuthu, Chengam and submitted an application to the Tahsildar seeking issuance of Community Certificate, but the same was rejected. There against, petitioner preferred an appeal before the second respondent. Since no action was taken on the said appeal, the present Writ Petition has been filed seeking the aforesaid relief.

3. Heard learned counsel for petitioner and learned Government Advocate for respondents.

4. Though very many contentions have been raised in the Writ Petition, considering the limited nature of prayer, this Court, without traversing into the merits of the case, directs the second respondent to consider the petitioner's appeals dated 07.07.2017 and 16.07.2017 and pass orders on merits and in accordance with law, preferably, within a period of four weeks from the date of receipt of this order.

The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To:

1.Tahsildar Chengai Taluk, Tiruvannamalai District.

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2.Revenue Divisional Officer, Thiruvannamalai District.

3.Block Development Officer, Chengam, Thiruvannamalai District.

4. The Secretary to Government, Tamil Nadu Government, Rural Development and Panchayat Raj, Secretariat, Fort St.George, Chennai - 600 009.

+1cc to Government Pleader SR.NO. 100735 Writ Petition No.33410 of 2019 kk(co) nr 20/01/2020 3/3