T.Paramasivam, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI WP.(MD) No.4150 of 2018 T.Paramasivam ... Petitioner -vsThe Revenue Divisional Officer, District Collector Campus, Madurai District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to issue community certificate to the petitioner's children P.Divaya Bharathi and P.Prakash evidencing the fact that they belong to Malaivedan community on the basis of the petitioner's representations dated 25.05.2015 and 12.02.2018.

For Petitioner :

Mr.R.G.Shankar Ganesh For Respondent :

Mr.D.Muruganandam, AGP

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM, J.) The petitioner has filed this writ petition for direction to the respondent for issuance of community certificate for his children P.Divya Bharathi and P.Prakash certifying that they belong to Malaivedan community by considering the petitioner's representations dated 25.05.2015 and 12.02.2018. 2.The petitioner submits that his father has been given a community certificate as belonging to Malaivedan community and his father and brother have also been issued such certificates and two children of his brother viz., T.Karuppiah have also been issued certificates.

With these facts, the petitioner has made representations, which are now pending consideration before the respondent.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Government Pleader accepting notice on behalf of the respondent submitted that the present procedure is to make an online application, which if made by the petitioner will be considered by the respondent and reasonable time may be granted to the respondent to consider the said application on being made in a proper form.

4.Considering the facts and circumstances of the case and in view of the submissions made by the learned counsel on either side, we direct the petitioner to file an online application for grant of community certificate for the children and if such application is made, the respondent shall consider the same, cause an enquiry in accordance with law and pass appropriate orders on merits, within a period of 8 weeks from the date of receipt of a copy of such application in proper form. It needless to state that when enquiry is being conducted, the respondent shall take note of the certificate issued to the petitioner's father, brother and brother's children.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Revenue Divisional Officer, District Collector Campus, Madurai District.

+ 1 cc TO Mr.R.G.Shankar Ganesh , Advocate in SR No. 52595 + 1 cc TO The Special Government Pleader in SR No. 52329 Arul AE/KKR/SAR3/15.03.2018/2P/4C WP.(MD) No.4150 of 2018 28.02.2018 https://hcservices.ecourts.gov.in/hcservices/