J.Joshna v. The District Collector
W.P.(MD)No.6785 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2020
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.6785 of 2020 1.J.Joshna 2.Adithyavishal ... Petitioners [Both Minors represented by Mother and Natural guardian - N.Kamalajayanthi] vs.
1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Peraiyur Taluk, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 13.02.2020 pertaining to grant of Community and Permanent Resident Certificates to the petitioners herein, within a stipulated time limit fixed by this Hon'ble Court.
For Petitioners :
Mr.M.Santhanaraman For Respondents :
Mr.R.Sethuraman Special Government Pleader
ORDER
(Order of the Court was made by B.PUGALENDHI, J.) According to the petitioners's mother, they belong to Aappanadu Kondayankottai Maravar (Ramnad Maravar) Community, a denotified tribe, classified as Most Backward Community. As per G.O.Ms.No.28, Backward Classes, Most Backward Classes & Minorities Welfare (BCC) Department, dated 08.03.2019, the Government has clarified that DNC community certificates may be issued to the communities in such non DNC notified districts identified as per 1983 Ambasankar Commission Survey and according to the petitioners' mother, the aforesaid Government Order squarely applies to them. Therefore, she has sent a representation to the second respondent on 13.02.2020 and since there was no progress on the same, the instant writ petition came to be filed.
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W.P.(MD)No.6785 of 2020
2. Mr.R.Sethuraman, learned Special Government Pleader, takes notice for the respondents.
3. When the matter came up for admission today, the learned Counsel for the petitioners confines his prayer and submits that it would suffice if the representation of the petitioners dated 13.02.2020 is disposed of by the second respondent, as per law.
4. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioners' claim, directs the second respondent to consider the representation of the petitioner dated 13.02.2020 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the necessary parties, within a period of six weeks from the date of hosting of this order copy in the official website of this Court.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) SML/gk Note:
i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
ii) A copy of this order shall be sent by e-mail to : Mr.R.Sethuraman,Special Government Pleader (ramansethur90@gmail.com) for communicating to the 2nd respondent for compliance. To 1.The District Collector, Madurai District,Madurai.
2.The Tahsildar, Peraiyur Taluk,Madurai District.
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