Rilwaan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P. No. 26168 of 2018 and W.M.P.No.30381 of 2018 Rilwaan

...Petitioner

Vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The District Revenue Officer, Collector Office, Kanchipuram District.

3.The Revenue Divisional Officer, Sub-Collector Office, Chengalpattu, Kanchipuram District.

4.The Thasildar, Thirukkazhukundram Tahsildar Office, Thirukkazhukundram, Kanchipuram District.

...Respondents

Prayer: Writ Petition filed under Article of 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order in OMU.1379/2018/A5, dated /05/2018 passed by the 4th respondent to quash the same and consequently direct the 4th respondent to issue community certificate to the petitioner and his wife and his children as BC [Backward Class] Muslim Labbai.

For Petitioner : Mr. A. Venkatesan For Respondents : Ms. Thangavadhana Balakrishnan Addl. Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) What has been challenged is the order passed by the Thasildar, namely the respondent No.4, by which, the request made by the petitioner to issue Community Certificate to the https://hcservices.ecourts.gov.in/hcservices/

effect that he belongs to BC [Backward Class Muslim Labbai] was rejected.

2.

Learned Additional Government Pleader, on instructions, would submit that the appellate authority to consider the aforesaid issue is the Revenue Divisional Officer. It appears that the petitioner made an appeal to the Revenue Divisional Officer by letter dated 25.06.2018.

3.

In such view of the matter, we direct the Revenue Divisional Officer, namely the respondent No. 3, to pass appropriate orders on the representation dated 25.06.2018, within a period of 12 weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

4.

This writ petition stands disposed of on above terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssm To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The District Revenue Officer, Collector Office, Kanchipuram District.

3.The Revenue Divisional Officer, Sub-Collector Office, Chengalpattu, Kanchipuram District.

4.The Thasildar, Thirukkazhukundram Tahsildar Office, Thirukkazhukundram, Kanchipuram District.

+1cc to Mr.A.Venkatessan, Advocate, S.R.No.81194 +1cc to the Government Pleader, S.R.No.81431 W.P. No. 26168 of 2018 rrs 13/12/2018 https://hcservices.ecourts.gov.in/hcservices/