Rishi. L v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN 1.L.Rishi 2.L.Srikanth ... Petitioners vs.

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

2.The District Collector, Pudukkottai District, Pudukkottai.

3.The Sub Collector, 4.The Revenue Divisional Officer/ Sub-Divisional Magistrate, O/o.The Revenue Divisional Office, Iluppur, 1/6

5.The Tahsildar, Iluppur Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to dispose the appeal dated 07.09.2023 preferred by the petitioner as against the order passed by the fourth respondent vide his proceedings in Ni.Mu.6336/2021/A4 dated 15.10.2022 within the period stipulated by this Court.

For Petitioners : Mr.M.Mohamed Zamil For Respondents : Mr.S.Shaji Bino Additional Government Pleader

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in this Writ Petition is for a Writ of Mandamus, to direct the second respondent to dispose of the appeal, dated 07.09.2023 preferred by the petitioners as against the order passed by the fourth respondent, vide proceedings in Ni.Mu.6336/2021/A4, dated 15.10.2022 within the period stipulated by this Court. 2/6

2.With regard to the Community Certificate, the petitioners preferred an appeal on 07.09.2023 to the second respondent, which is yet to be disposed of. As an appeal was filed against the order passed by the fourth respondent, dated 15.10.2022 and it relates to the Community Certificate, since there has been an urgency, the learned counsel appearing for the petitioners seeks indulgence of this Court to give a direction to the second respondent to dispose of the appeal preferred by the petitioner at an earlier date.

3.Mr.S.Shaji Bino, learned Additional Government Pleader, who accepts notice for the respondents, submits that the appeal would be decided at the earliest ie., within the time frame that may be stipulated by this Court, on merits and in accordance with law. 4.Considering the said submissions made by both sides and having taken note of the limited scope of the prayer sought for herein, we are inclined to give a direction to the second respondent to consider the appeal, dated 07.09.2023, filed by the petitioners and decide the same on merits and in accordance with law, after giving an opportunity of being 3/6

heard to the petitioners, within a period of four weeks from the date of receipt of a copy of this order.

5.With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs.

[R.S.K.,J.] [G.A.M.,J.] 08.04.2024 (1/2) NCC : Yes / No Index : Yes / No ps 4/6

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

2.The District Collector, Pudukkottai District, Pudukkottai.

3.The Sub Collector, 4.The Revenue Divisional Officer/ Sub-Divisional Magistrate, O/o.The Revenue Divisional Office, Iluppur, 5.The Tahsildar, Iluppur Taluk, 5/6

R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 08.04.2024 (1/2) 6/6