N.Viswanath v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.Nos. 37097, 37104, 37103, 37106 & 37108 of 2024 and W.M.P.Nos. 40077, 40080, 40094, 40099, 40100, 40085, 40086, 40088, 40091 & 40092 of 2024 W.P.No.37097 of 2024 1.N.Viswanath 2.N.Bagyalakshmi

...Petitioners

Vs.

1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

...Respondents

Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order of cancellation of community certificate of the petitioners in Na.Ka.No.J3/3196/2020 dated 10.10.2024 on the file of the 1st respondent and quash the same.

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For Petitioners : Mr.S.Doraiswamy For Respondents : Mr.Vadivelu Deenadayalan Additional Government Pleader for R1 Mr.P.Kumaresan, Additional Advocate General for R2 C O M M O N O R D E R (Order of the Court was delivered by R.SUBRAMANIAN, J.) Challenge in all these Writ Petitions is to the order of the District Collector, Tiruvallur dated 10.10.2024, cancelling the community certificate issued to the respective petitioners.

2. The issue relating to cancellation of community certificates by the Collector has been gone into by us in W.P.No.34795 of 2024 etc., batch and we had concluded that the District Collector has no power to cancel the certificates issued, in view of the directions of the Hon'ble Supreme Court in Kumari Madhuri Patil Vs. Additional Commissioner reported in 1994 (6) SCC 241.

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3. We had also pointed out that the State has issued an elaborate manual for dealing with the issues relating to cancellation of community certificates. Evidently, the procedure prescribed in the manual has not been followed.

4. In view of the same, all these Writ Petitions will stand allowed, the order of the District Collector impugned in the Writ Petitions will stand quashed. Liberty is reserved to the Government to take appropriate action as per law. No costs. The petitions filed under Rule 15 of the Madras High Court Writ Rules, 2021 will stand allowed and the other connected miscellaneous petitions are closed.

(R.S.M., J.) (C.K., J.) 06.12.2024 kkn Internet:Yes Index: No Speaking order 3/5

To:

1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.Nos. 37097, 37104, 37103, 37106 & 37108 of 2024 and Connected Miscellaneous Petitions 06.12.2024 5/5