S.Regina (Minor) v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.2311 of 2018 S.Rejina (Minor) represented by D.Packiavathy.

.. Petitioner Vs.

1.The District Collector, Collectorate, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 & 2, to provide a community certificate to the petitioner, S.Rejina (Minor) as "Hindu Parayar" Community which recognized under Schedule Caste, within the time frame fixed by this Court.

For Petitioner : Mr.J.Ashok For Respondents : Mr.M.Pandiarajan, Additional Government Pleader.

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.J.Ashok, learned counsel appearing for the petitioner as well as Mr.M.Pandiarajan, learned Additional Government Pleader, appearing for the respondents. 2.The petitioner seeks for a direction upon the respondents 1 and 2, to issue a community certificate to the petitioner/minor, S.Rejina, certifying that she belongs to Hindu Parayar Community, a recognized Scheduled Caste community.

3.The petitioner's parents have separated and each of them has remarried, abandoning the petitioner, who is now aged about 15 years and is now under the care and custody of her maternal grand mother. The petitioner has applied for issuance of community certificate and the On-line application has been received on https://hcservices.ecourts.gov.in/hcservices/

07.10.2015 and the copy of the e-acknowledgement card generated from the official web-site has been filed in the typed-set of papers. Since, the petitioner's application was not disposed of, the petitioner's grandmother submitted a representation on 08.12.2015, followed by another representation, dated 27.07.2017, which has been received by the respondents, as could be seen from the postal acknowledgement card.

4.In the light of the above, without expressing any opinioin on the merits of the matter, we direct the second respondent to consider the petitioner's On-line application for issuance of a community certificate, dated 07.10.2015, conduct an enquiry and pass appropriate orders, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

5.The writ petition stands disposed of, accordingly. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

Sss/smn RL/3C/2P/KK/SAR1/26/2/2018 ORDER MADE IN W.P(MD)No.2311 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 16.02.2018