G.Gopal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.3218 of 2025 G.Gopal ... Petitioner vs.

1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer/Sub Collector, Office of the Revenue Divisional Office, Palani, 3.The Tahsildar, Office of the Tahsildar, 4.The Revenue Inspector, Office of the Revenue Inspector, Vadamadurai, 1/5

5.The Village Administrative Officer, Office of the Village Administrative Officer, Pilath Village, Pilath Post, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings issued by the second respondent vide Na.Ka.No. 8503/2024/A3 dated 30.01.2025 and quash the same as illegal and unconstitutional and consequently directing the respondents to issue the Community Certificates in the name of Hindu Malai Vedan Community in favour of the petitioner's son Yugan and petitioner's son Gunav within the time stipulated by this Court. For Petitioner : Mr.S.I.Muthiah for Mr.T.Manikandan For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The petitioner has filed the Writ Petition challenging the order passed by the second respondent/the Revenue Divisional Officer, Palani, dated 30.01.2025, wherein the second respondent rejected the request of the petitioner for issuance of community certificates to his sons.

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(*) 2. Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents would submit that the remedy of the petitioner is to approach the authority concerned as per G.O. Ms.No.147 Revenue [RA-3(2)] Department dated 17.03.2016. (*) 3. In view of the above, the impugned order is set aside and the matter is remitted back to the authorities for fresh consideration. While considering the case of the petitioner, the 2 nd respondent shall consider the report of the Anthropologist and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, in the light of G.O. (Ms)No. 147, Revenue [RA-3(2)] Department, dated 17.03.2016. Such an exercise shall be completed within a period of twelve weeks from the date of filing of the appeal. A copy of the anthropologist report may be given to the petitioner by the respondents.

4.The Writ Petition is disposed of with the above direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 3/5

Sd/- 17.03.2025 (*) Corrected as per dated 01/04/2025 in WP(MD)No.4479 of 2025 Sd/- Assistant Registrar // True Copy // /04/2025 Sub Assistant Registrar (CS- I/ II / III / IV) ps To 1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer/Sub Collector, Office of the Revenue Divisional Office, Palani, 3.The Tahsildar, Office of the Tahsildar, 4.The Revenue Inspector, Office of the Revenue Inspector, Vadamadurai, 5.The Village Administrative Officer, Office of the Village Administrative Officer, Pilath Village, Pilath Post, 4/5

+1 CC to M/s.SPL.GP ( SR-18087[F] dated 19/03/2025 ) ORDER MADE IN DATED : 17.03.2025 KR/22.04.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5