G.Kirthika v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD) No.1 of 2013 G.Kirthika ... Petitioner -vsState rep.by 1.The District Collector Trichy District, Trichy 2.The Revenue Divisional Officer Trichy District, Trichy 3.The Tahsildar Manaparai Trichy District 4.The Regional Director Indira Gandhi National Open University Regional Centre Sikkandar Chavadi Alanganallur Madurai-625 018 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the third respondent herein to issue OBC Certificate to the petitioner based on the petitioner's representation dated 19.12.2012.

For Petitioner :

Mr.A.Joel Paul Antony For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R3 No appearance for R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the third respondent herein to issue OBC Certificate to the petitioner based on the petitioner's representation dated 19.12.2012.

2. According to the petitioner, she has completed B.Lit., Tamil in the year 2005 and thereafter, she has completed M.A.Tamil in the year 2009 and she is working as a Secondary Grade Teacher in Muthupudaiyan Panchayat Union Middle School. She belongs to Hindu Servai Community,

which is recognized as a De-notified Community as per the Government Order (Manuscript Series) No.1567, Social Welfare Department, dated 30.07.1985. The Deputy Tahsildar, Manaparai, has also issued a community certificate to the petitioner to that effect.

3. Further, according to the petitioner, she has written B.Ed., Entrance Examination in the fourth respondent - University and she has successfully passed in that examination also. She was directed to appear for counselling on 22.12.2012. Therefore, she applied for Hindu Servai (OBC) Certificate to the third respondent / Tahsildar, Manaparai, by enclosing all the relevant documents and Government Orders. The grievance of the petitioner is that though she applied for community certificate in the year 2012, her application has not been considered.

4. Considering the facts and circumstances of the case, we are of the view that this writ petition is of the year 2013, the academic year of B.Ed.Degree for which the petitioner applied for community certificate is also over, this writ petition is pending from the year 2013 and the petitioner has not taken any steps for the past ten years for early disposal of this writ

petition. Therefore, at this juncture, we are not inclined to entertain this writ petition. However, if the petitioner is still having any grievance, she is at liberty to approach the authority concerned by making a representation afresh and the same shall be considered by the authority concerned in accordance with law.

5. Granting above liberty to the petitioner, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 04.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy District, Trichy.

3.The Tahsildar, Manaparai, Trichy District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and M.P.(MD) No.1 of 2013 04.01.2024