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Madras High CourtWP(MD)/8131/2018disposed of

S.Krishnan, v. The Member Secretary,

2018-04-13Honourable Mr Justice M.Duraiswamy,Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.8131 of 2018 S.Krishnan ... Petitioner Vs.

1. The Member Secretary, Tamil Nadu Backward Classes Commission, 212, R.K.Mut Road, Mylapore, Chennai - 600 004.

2. The District Collector,

3. The Revenue Divisional Officer, O/o.Revenue Divisional Officer,

4. The Tahsildar, Taluk Office, Sankarankovil Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to consider the petitioner's representation, dated 30.10.2017 and consequently direct the fourth respondent to issue Hindu-Showrashtra Community Certificate to the petitioner's daughter namely Sudalaimadevi, within the time frame. For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.R.Murugan, Additional Government Pleader.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Writ of Mandamus, directing the fourth respondent to consider the petitioner's representation, dated 30.10.2017 and consequently direct the fourth respondent to issue Hindu-

Showrashtra Community Certificate to the petitioner's daughter namely Sudalaimadevi, within the time frame.

2.The learned counsel appearing for the petitioner submitted that though the petitioner has submitted his representation, dated 30.10.2017 to the fourth respondent for issuance of a Community Certificate, the fourth respondent has not passed any order so far. Further, the learned counsel submitted that it would be suffice to direct the fourth respondent to consider the petitioner's representation and pass orders in accordance with law.

3.Mr.R.Murugan, learned Additional Government Pleader taking notice for the respondent submitted that the fourth respondent or the concerned authority may be directed to consider the petitioner's representation, dated 30.10.2017 and pass orders in accordance with law.

4.Having regard to the submissions made on either side and also taking into account the limited prayer sought for in this Writ Petition, without expressing any opinion with regard to the merits of the case, we direct the fourth respondent or the Zonal Deputy Tahsildar, Sankarankovil, to consider the petitioner's representation, dated 30.10.2017 and pass orders on merits and in accordance with law, after giving due opportunity of personal hearing to the parties within a period of three weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Member Secretary, Tamil Nadu Backward Classes Commission, 212, R.K.Mut Road, Mylapore, Chennai - 600 004.

2. The District Collector,

3. The Revenue Divisional Officer, O/o.Revenue Divisional Officer,

4. The Tahsildar, Taluk Office, Sankarankovil Taluk, +1cc to Mr.V.Muthuvelan, Advocate Sr.No.61128 PS VB/KK/SAR4/26.04.2018/3P/6C W.P(MD)No.8131 of 2018 13.04.2018