Balakrishnan.A v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR A.Balakrishnan ... Petitioner -vs1.The Chairman, The State Level Scrutiny Committee, Adi-Dravida & Tribal Welfare Department, Namakkal Kavingar Maaligai, Secretariat, Chennai.

2.The District Collector, Pudukkottai District.

3.The Sub Collector, Pudukkottai District, Pudukkottai District.

4.The Revenue Divisional Officer / Sub Divisional Magistrate, O/o. the Revenue Divisional Office, Iluppur, Pudukkottai District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 2nd respondent to issue community certificate to the petitioner's legal heirs viz Parthasarathy, Devesh certifying them as Hindu Scheduled Tribe Kattunayakkan Community in the light of the community certificate already possessed by the petitioner in respect of Scheduled Tribe "Kattunayakkan Community" and by considering the petitioner's representation dated 04.10.2023.

For Petitioner :

Mr.S.Mohamed Suhail for M/s.Ajmal Associates For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to issue community certificate to the petitioner's legal heirs viz Parthasarathy, Devesh certifying them as Hindu Scheduled Tribe Kattunayakkan Community in the light of the community certificate already possessed by the petitioner in respect of Scheduled Tribe "Kattunayakkan Community" and by considering the petitioner's representation dated 04.10.2023.

2. By consent of both sides, the Writ Petition is taken up for final disposal at the time of admission itself.

3. Even according to the petitioner, the petitioner has made application for community certificate for his son on 06.04.2022 through online and the same was rejected on 25.05.2022. Hence, the petitioner has filed appeal before the 2nd respondent on 04.10.2023 and the same is pending. While that being so, the petitioner has filed the present Writ Petition for directing the 2nd respondent to issue community certificate to his sons.

4. In view of the fact that the appeal filed by the petitioner is pending before appellate authority / 2nd respondent, the prayer sought for by the petitioner cannot be considered by this Court. Hence, the Writ Petition is liable to be dismissed and accordingly, the same is dismissed. No costs. [D.K.K., J.] [R.V., J.] 01.02.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ To 1.The Chairman, The State Level Scrutiny Committee, Adi-Dravida & Tribal Welfare Department, Namakkal Kavingar Maaligai, Secretariat, Chennai.

2.The District Collector, Pudukkottai District.

3.The Sub Collector, Pudukkottai District, Pudukkottai District.

4.The Revenue Divisional Officer / Sub Divisional Magistrate, O/o. the Revenue Divisional Office, Iluppur, Pudukkottai District.

01.02.2024