Ganapathy .N v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD N.Ganapathy ... Petitioner -vs1.The Chairman The State Level Scrutiny Committee Adi-Dravida & Tribal Welfare Department Namakkal Kavingar Maaligai Secretariat, Chennai 2.The District Collector Tirunelveli District Tirunelveli 3.The Sub Collector Tirunelveli District Tirunelveli 4.The Tahsildar Nanguneri Taluk Tirunelveli District Tirunelveli ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the third respondent to issue community certificate to the petitioner's legal heirs viz., 1)G.Vasanthi, 2)G.Murukesh, 3)G.Suresh and his grandchildren 4)S.Lakshan, 5)M.Kirshna deva and 6)S.Dharshana certifying them as Hindu Scheduled Tribe "Kattunayakkan Community" in the light of the community certificate already possessed by the petitioner in respect of Scheduled Tribe "Kattunayakan Community" and by considering the petitioner's representation dated 27.05.2019. For Petitioner :

Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the third respondent to issue community certificate to the petitioner's legal heirs viz., G.Vasanthi, G.Murukesh, G.Suresh and his grandchildren viz., S.Lakshan, M.Kirshna Deva and S.Dharshana certifying them as Hindu Scheduled Tribe "Kattunayakkan Community", in the light of the community certificate already issued to him and by considering the his representation dated 27.05.2019.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner has not made application for issuance of community certificate through the mandatory mode of online. However, despite the said fact, the third respondent vide proceedings dated 23.11.2022 has directed the petitioner to appear for enquiry on 24.11.2022 at 11.00 a.m., along with the documents available with them. To that effect, the learned Special Government Pleader has also produced a copy of the proceedings of the third respondent dated 23.11.2022 before this Court.

3. Recording the above submission of the learned Special Government Pleader, this writ petition is closed. It is open to the petitioner either to participate in the enquiry scheduled to be held on 24.11.2022 and redress his grievance or apply through online mode afresh for issuance of community certificate. No costs.

[R.M.D., J.] [J.S.N.P., J.] 24.11.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The Chairman, The State Level Scrutiny Committee, Adi-Dravida & Tribal Welfare Department, Namakkal Kavingar Maaligai, Secretariat, Chennai.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Sub Collector, Tirunelveli District, Tirunelveli.

4.The Tahsildar, Nanguneri Taluk, Tirunelveli District, Tirunelveli.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 24.11.2022