M.Durairaj,No.62/43,Highways v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE R.THARANI Writ Petition (MD)No.6261 of 2019 M.Durairaj .. Petitioner Vs.
1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Office of the RDO Kulithalai.
3.The Tahsilar, Krishnarayapuram, Karur District.
4.The District Collector, Tiruchirappalli.
5.The Revenue Divisional Officer, District Collector's Office Trichy.
..Respondents Prayer:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st , 2nd and 3rd respondents to consider the petitioner's representation dated 29/01/2019 and issue ST Community Certificate to the petitioner's sons and daughter within the reasonable time. For Petitioner : Mr.T.Banumathy For Respondents :Mr.M.Pandiarajan Addl. Govt. Pleader
ORDER
[Order of the Court was made by K.KALYANASUNDARAM, J] By consent of the parties, the writ petition is taken up for final disposal.
2.The petitioner has come forward with this writ petition for issuance of Writ of Mandamus directing the respondents 1 to 3 to consider his representation dated 29/01/2019 and issue ST Community Certificate to the petitioner's sons and daughter within a time frame.
3.The case of the petitioner is that he belongs to Kattu Nayakkan Caste, ST Community and he was issued with a community certificate on 10.10.2074 and on that basis, he got employment in the Southern Railways in the year 1976. He retired from service on https://hcservices.ecourts.gov.in/hcservices/
attaining superannuation.
4.The grievance of the petitioner is that his application to issue community certificates in favour of his children were not considered by the respondents.
5.Mr.M.Pandiarajan, learned Additional Government Pleader, on instructions, would state that the second respondent is the competent authority to issue community certificate and on receiving applications from the petitioner, he has referred the matter to the third respondent for enquiry. After obtaining report from the Tahsildar, the second respondent would pass orders. 6.In the light of the limited prayer sought in the writ petition and the submissions of the learned counsels, this Court, without going into the merits of the matter, directs the second respondent to pass orders on the application of the petitioner on merits and in accordance with law, after providing an opportunity to all the necessary parties, within a period of 12 weeks from the date of receipt of a copy of this order.
7.With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-ii) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Office of the RDO Kulithalai.
3.The Tahsilar, Krishnarayapuram, Karur District.
4.The District Collector, Tiruchirappalli.
5.The Revenue Divisional Officer, District Collector's Office Trichy.
+1 CC to M/s.R.NARAYANAN, Advocate ( SR-55129[F] dated 19/03/2019 ) +1 CC to M/s.SPL GP ( SR-55339[F] dated 20/03/2019 ) sp/05.04.2019/2p/8c https://hcservices.ecourts.gov.in/hcservices/ Writ Petition (MD)No.6261 of 2019 18.03.2019