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Madras High CourtWP(MD)/5168/2024disposed of

C.Poyyamozhi v. The Chief Secretary

2024-03-18Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.5168 of 2024 C.Poyyamozhi ... Petitioner -Vs1.The Chief Secretary, Government of Tamil Nadu, St.George Fort, Chennai.

2.The Secretary, Harizan Welfare Department, St.George Fort, Chennai.

3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The Revenue Divisional Officer, Ramanathapuram District.

5.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to issue community certificate in

the head of "Hindu Paraiyan" for the petitioner on considering his appeal dated 14.11.2023 presented to the 3rd respondent within a time fixed by this Court. For Petitioner : Mrs.S.Devasena For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] According to the petitioner, he belongs to Hindu Paraiyan Scheduled Caste Community and he made an application on 18.07.2023 to get community certificate in order to get admission for higher education and to get scholarship. However, the same was rejected by the Revenue Inspector and the Village Administrative Officer concerned. Therefore, he made an appeal before the 3rd respondent on 14.11.2023. Since the same has not been considered so far, the petitioner is constrained to move the present Writ Petition. 2.The learned Government Pleader appearing for the respondents made a submission that the 4th respondent is the competent authority to consider the appeal of the petitioner dated 14.11.2023 and the same would be considered and appropriate order would be passed within a time frame to be fixed by this Court.

3.In view of the submission made by the learned Government Pleader for the respondents, without going into the merits of the case, considering the scope of the prayer sought for herein, we direct the 4th respondent to consider the appeal of the petitioner dated 14.11.2023, if it is in order and pass appropriate orders on merits and in accordance with law, after providing opportunity to all the parties concerned. The said exercise is directed to be completed within a period of four weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 18.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Chief Secretary, Government of Tamil Nadu, St.George Fort, Chennai.

2.The Secretary, Harizan Welfare Department, St.George Fort, Chennai.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva 3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The Revenue Divisional Officer, Ramanathapuram District.

5.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

W.P.(MD)No.5168 of 2024 18.03.2024