N.Jayaprakash v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR N.Jayaprakash ... Petitioner Vs.

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to issue Community Certificate to the petitioner and his children that they belonged to Kurumans (ST) community by considering the petitioner's online Application Number TN-5202312127349, Application No.TN5202312127536 (Jaiwin) and Application No.TN-5202312127644 (Nehasree) dated 12.12.2023 based upon the Community Certificate issued to the petitioner's brother namely N.Rajagopal and his children which was

issued pursuant to the order dated 12.09.2023 passed in W.P.No.26186 of 2023 by this Court.

For Petitioner :

Mr.V.B.Thirupathi Kumar For Respondent :

Mrs.V.Yamuna Devi Special Government Pleader

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner has filed this writ petition for issuance of a Writ of Mandamus directing the respondent to issue Community Certificate to the petitioner and his children that they belong to Kurumans (ST) Community by considering the petitioner's online Application Number TN5202312127349, Application No.TN- 5202312127536 (Jaiwin) and Application No.TN-5202312127644 (Nehasree), dated 12.12.2023, based upon the Community Certificate issued to the petitioner's brother namely N.Rajagopal and his children which were issued pursuant to the order dated 12.09.2023 passed in W.P.No.26186 of 2023 by this Court.

2.The petitioner states that he has filed an online application for himself as well as for his minor son and daughter before the respondent on 12.12.2023 for issuance of Community Certificate. The petitioner further states that his close relative by name Kaviarasan got Community Certificate from the State Level Scrutiny Committee as early as on 27.03.2014 and his own brother by name N.Rajagopal and his children also obtained Community Certificate pursuant to the orders of this Court dated 12.09.2023 made in W.P.No.26186 of 2023.

3.The grievance of the petitioner is that, despite the petitioner produced all the documents, the respondent has not so far conducted any field enquiry. Learned counsel for the petitioner now submits that the petitioner will be satisfied if a direction is issued to the respondent to consider the petitioner's online application for issuance of Community Certificate within a time stipulated by this Court.

4.Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the petitioner's case or the contentions raised by the petitioner in the affidavit filed in support of the present writ petition, this Court directs the respondent to consider and dispose of the online application dated 12.12.2023 stated to have been filed by the petitioner, on merits and in accordance with law, after holding enquiry, within a period of twelve weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.

5.With the above direction, this writ petition is disposed of. No costs. (S.S.S.R., J.) (N.S., J.) 07.02.2024 mkn Internet : Yes Index : Yes / No

To The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 07.02.2024