Singamuthu, v. The District Collector And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2016

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.18510 of 2014 Singamuthu ..Petitioner Vs.

1.The District Collector and the Chariman, District Level Vigilance Committee, Collectorate, Pudukkottai.

2.The Tahsildar, Illupur Post & Taluk, Pudukkottai District.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the 2nd respondent to issue the Community Certificate to the petitioner's sons Arulpandian and Marimuthu at once.

For petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.S.Kumar Additional Government Pleader

O R D E R

(The order of the Court was made by S.S.SUNDAR, J.) Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Government Pleader appearing on behalf of the respondents.

2.This writ petition has been filed for issuance of writ of Mandamus directing the second respondent, Tahsildar, to issue Community Certificates to the petitioner's sons one Arulpandian and Marimuthu. 3.The petitioner relied upon the certificate issued to the petitioner's wife stating that she belongs to 'Hindu Kuravan Community' and the petitioner has also relied upon the transfer certificate issued to the petitioner's sons stating that they belong to 'Hindu Kuravan Community'.

4.The respondents have filed counter stating that the petitioner belongs to 'Hindu Kuravan', which has been indicated as Item No.30 in the list of denotified communities.

5.Reference made by the respondents to the denotified community list issued by the Government must be a mistake, as we find that the Community 'Hindu Kuravan' comes under Serial No.36 of the Constitution (Schedule Caste) Order, 1950, regarding State of Tamil Nadu. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the nature of the relief, we feel that Mandamus cannot be issued, however, we are inclined to give a direction to the second respondent to consider the representation of the petitioner, dated 29.09.2015, in accordance with law and on the basis of the materials submitted by the petitioner along with Government Orders issued from time to time, within a period of two months from the date of receipt of a copy of this order. The petitioner is also directed to place relevant documents for considering his representation.

6. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The District Collector and the Chariman, District Level Vigilance Committee, Collectorate, Pudukkottai.

2.The Tahsildar, Illupur Post & Taluk, Pudukkottai District.

+1cc to M/s.P.Ganapathi Subramanian, Advocate in SR.21642 +1cc to the Special Government Pleader, in SR.21410 W.P.(MD)No.18510 of 2014 15.04.2016 rj2 PBK/AAL-MPA 04/05/2016 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/