Madras High CourtWP(MD)/11180/2019dismissed

J.Augustus, v. The District Collector

2019-04-30Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.11180 of 2019 J.Augustus ... Petitioner Vs.

1. The District Collector, Kanyakumari District.

2. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent dated 05.03.2019 in Na.Ka.No.C3/1093/2019 and quash the same and direct the second respondent to furnish a Scheduled Caste Community Certificate to him, in the light of G.O.Ms.No.55, Personal and Administrative Reforms (S) dated 08.04.2010.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM,J.) Heard Mr.S.Ramasamy, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the respondents.

2. The order impugned in the writ petition is the rejection order for issuance of community certificate to the petitioner.

3. Mr.S.Ramasamy, learned counsel for the petitioner would state that the petitioner belongs to Scheduled Caste Community, but the second respondent without considering the same rejected the application.

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4. The learned Additional Government Pleader would submit that as per G.O.(Ms).No.235, Revenue Department, dated 26.06.2015, the petitioner is having an appeal remedy before the Revenue Divisional Officer.

5. In the light of the above facts, this writ petition is dismissed with liberty to the petitioner to file an appeal before the concerned authority. No costs.

Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To

1. The District Collector, Kanyakumari District.

2. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-64281[F] dated 30/04/2019 ) +1 CC to M/s.SPL GP ( SR-65114[F] dated 02/05/2019 ) W.P.(MD).No.11180 of 2019 30.04.2019 CS: 15/05/2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/