Murugesan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL 1.Murugesan ... Petitioner in W.P.No.33070 of 2019 2.P.Siva ... Petitioner in W.P.No.33072 of 2019 Vs 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem.

3.The Tahsildar, Salem South Taluk, Salem District. ...Respondents in both writ petitions PRAYER in W.P.Nos.33070 & 33072 of 2019: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the third respondent to issue community certificate in favour of petitioner in the name of "Hindu Kanikkar (ST) by considering the petitioner representation dated 18.12.2017. 1/4

For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mr.E.Vijay Anand Additional Government Pleader for respondents 1 to 3 COMMON ORDER (Order of the Court was made by D.KRISHNAKUMAR, J.) The writ petitions have been filed for a mandamus, directing the third respondent to issue community certificate in favour of petitioners in the name of "Hindu Kanikkar (ST), by considering the petitioners' representation dated 18.12.2017.

2. Mr.E.Vijay Anand, learned Additional Government Pleader, appearing for the respondents has stated that second respondent/ Revenue Divisional Officer, is the competent authority to consider the petitioners' application for granting of community certicate and third respondent/Tahsildar is not the competent authority. He has further stated that, if the petitioners approach before the second respondent/Revenue Divisional Officer, the claim of the petitioners will be considered at an earliest.

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3. In the light of the submission made by the learned Additional Government Pleader, we are inclined to direct the petitioners to submit applications to the Revenue Divisional Officer/second respondent, within a period of two weeks from the date of receipt of a copy of this order. On such applications being submitted by the petitioners, the Revenue Divisional Officer/second respondent shall consider the same and pass appropriate orders, on its own mertis and in accordance with law, as early as possible, without any delay.

4. With the above directions, the writ petitions stand disposed of. There will be no order as to costs.

[D.K.K., J.] [P.D.B., J.] 13.06.2023 Index : Yes/No mrn 3/4

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

mrn To 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem.

3.The Tahsildar, Salem South Taluk, Salem District.

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