S.Kuberan v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.34810 of 2018 S.Kuberan .. Petitioner Vs.

1.The Sub Collector, Tirupattur, Vellore District.

2.The Chairman, Tamil Nadu State Level Scrutiny Committee, Secretariat, Chennai - 9.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the first respondent to examine the community status of the petitioner in the light of the proceedings bearing No.8658/CVII/2012-2 dated 26.02.2015 issued by the second respondent Committee.

For Petitioner .. Mr.M.Radhakrishnan For Respondents .. Mr.R.Venkatesh, Govt. Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the first respondent to examine the community status of the petitioner in the light of the proceedings bearing No.8658/CV-II/2012-2 dated 26.02.2015 issued by the second respondent Committee, the present writ petition has been filed.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner made an application through online to the first respondent seeking issuance of community certificate that he belongs to Kurumans community, which is a Scheduled Tribe community. As the said application was rejected, the petitioner filed a writ petition in W.P.No.24158 of 2015 and by order dated 07.08.2015, the first respondent was directed to examine the community status of the petitioner.

4.It is the grievance of the petitioner that during enquiry, though he has produced the proceedings of the second respondent Committee dated 26.02.2015 whereunder one G.Mahendran, who is his blood relative, was declared to be belonging to Kurumans community and the relationship certificate issued by the Tahsildar, Tirupattur in respect of the said Mahendran, the first respondent is yet to consider his application. Therefore, the petitioner has come up with the present writ petition. 5.Considering the limited scope of the prayer sought for, without going into the merits of the case, a direction is issued to the first respondent to consider the case of the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mmi To 1.The Sub Collector, Tirupattur, Vellore District.

2.The Chairman, Tamil Nadu State Level Scrutiny Committee, Secretariat, Chennai - 9.

+1 cc to Mr.M.Radhakrishnan, Advocate Sr.No.2024 +1 cc to The Government Pleader, Sr.No.2744 W.P.No.34810 of 2018 GJ(CO) CSL/26.02.2019 https://hcservices.ecourts.gov.in/hcservices/