N. Dharmar, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE C.T.SELVAM W.P.(MD)No.19356 of 2014 N. DHARMAR .. Petitioner Vs.
1. THE DISTRICT COLLECTOR, THIAGI SUBRAMANIA SIVA MALIHAI VELU NACHIYAR VALAHAM, CHETTINAICKENPATTI, DINDIGUL.
2. THE REVENUE DIVISIONAL OFFICER, DINDIGUL DISTRICT, COLELCTORATE CAMPUS, DINDIGUL.
3. THE TAHSILDAR, NILAKOTTAI, DINDIGUL DISTRICT.
.. Respondents PRAYER: The Writ Petitions is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus direction to the 2nd and 3rd Respondents to issue Community Certificates for the wife and sons of the petitioner, vide his representations, dated 29.01.2014 and 27.05.2014, within a time stipulated by this Court.
For petitioner : Mr.S.Chandrasekaran For Respondents : Mr.M.Alagadevan Special Government Pleader
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) The petitioner has sought for a Mandamus directing the Revenue Divisional Officer, Dindigul and Tahsildar, Nilakottai, Dindigul District to issue Community Certificates to his wife and sons on the basis of the representations dated 29.01.2014 and 27.05.2014, respectively.
https://hcservices.ecourts.gov.in/hcservices/ 2.As the writ petition is pending from 2014, we directed
the learned Special Government Pleader to ascertain as to whether the representations have been considered and any action has been taken, reverting Mr.M.Alagadevan, learned Special Government Pleader submitted that though the District Harijan and Tribal Welfare Officer, Dindigul, vide proceedings in O.Mu.No.13046/2014/H.1, dated 05.06.2014, has directed the Revenue Divisional Officer, Dindigul to conduct an enquiry and to take further action, the said authority has not conducted any enquiry so far. Inaction on the part of the Revenue Divisional Officer, Dindigul is not appreciated.
3.Without going into the merits as to whether the wife and sons of the petitioner, belong to 'Hindu Malai Vedan' Community, we only direct the Revenue Divisional Officer, Dindigul District, to conduct an enquiry and to take appropriate decision as to the Community status of the claimants, within a period of two months from the date of receipt of a copy of this order. While doing so, the Revenue Divisional Officer is directed to follow the procedure as contemplated under the Government Orders issued from time to time, and provide reasonable opportunity to the petitioner. The petitioner is also permitted to place all the relevant materials before the Revenue Divisional Officer, Dindigul District, to substantiate his claim.
4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. THE DISTRICT COLLECTOR, THIAGI SUBRAMANIA SIVA MALIHAI VELU NACHIYAR VALAHAM, CHETTINAICKENPATTI, DINDIGUL.
2. THE REVENUE DIVISIONAL OFFICER, DINDIGUL DISTRICT, COLELCTORATE CAMPUS, DINDIGUL.
3. THE TAHSILDAR, NILAKTOTAI, DINDIGUL DISTRICT.
+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 19494 + 1 CC TO M/S.S.CHANDRASEKARAN, ADVOCATE IN SR NO. 18907 RJ2 TE/AN-MP/ : 22/04/2016 : 2P/6C W.P.(MD)No.19356 of 2014 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/