J.Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.6341 of 2025 J.Manikandan ... Petitioner -VsThe District Collector, Madurai District, Madurai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent ie., the District Collector, Madurai to pass appropriate orders on the appeal preferred by the petitioner dated 01.03.2024 based on the community certificate produced by the petitioner in token of proof of the community of Selvi.J.S.Nikkisha, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondent : Mrs.D.Farjana Ghoushia, Special Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The petitioner belongs to Kattunayakkan Community and he is in possession of the said community certificate. The case of the petitioner is that his brother, namely, J.Sakthi Saravanan is no more and his brother's daughter, namely, J.S.Nikkisha and wife are in the custody of the petitioner for their livelihood. The elder sister of J.S.Nikkisha is also in possession of the community certificate that she belongs to Kattunayakkan Community. When the petitioner applied community certificate for the said J.S.Nikkisha, the Revenue Divisional Officer, Madurai, vide order dated 12.01.2007, refused to issue the community certificate. Therefore, the petitioner has preferred an appeal before the respondent on 01.03.2024. However, the same is still pending without any progress.

Therefore, the petitioner has file this Writ Petition to dispose of the said appeal. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondent, submits that the appeal preferred by the petitioner would be disposed of on its own merits within a period that may be stipulated by this Court.

4.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the appeal or in the affidavit filed in support of this Writ Petition, we direct the respondent to dispose of the appeal dated 01.03.2024 preferred by the petitioner by taking into consideration the certificates issued to the petitioner and the elder sister of the said J.S.Nikkisha, after giving sufficient opportunity of hearing to the petitioner on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 11.03.2025 NCC : Yes / No Index : Yes / No Yuva To The District Collector, Madurai District, Madurai.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.6341 of 2025 11.03.2025