D.M.Rajaselvi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.23510 of 2015 D.M.Rajaselvi : Petitioner Vs.

The District Collector, Thoothukudi District, Thoothukudi.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the appeal petition dated 15.10.2015 in terms of G.O.Ms.No.235, Revenue [RA3-2], Department, dated 26.06.2015.

For Petitioner : Mr.N.Mohideen Basha For Respondent : Mr.S.Chandrasekar Government Advocate

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] This Writ Petition has been filed seeking a Writ of Mandamus directing the respondent to consider the appeal petition dated 15.10.2015, in terms of G.O.Ms.No.235, Revenue [RA3-2], Department, dated 26.06.2015.

2. The case of the petitioner is that she belongs to Hindu Konda Reddy Community, which is a Scheduled Tribe Community. Her father was issued with a community certificate, certifying that he belongs to Hindu Konda Reddy Community. He was employed in Government Service and in his Service Register also, the community of her father has been mentioned as "Hindu Konda Reddy" Community. Seeking issuance of community certificate, the petitioner approached the Revenue Authorities. The Tahsildar, Kovilpatti, by his proceedings dated 08.03.2008, issued community certificate, certifying that she belongs to Hindu Reddy Kanjam - BC community certificate. Aggrieved over the same, the petitioner filed W.P. (MD).No.15291 of 2013. A Division Bench of this Court, by order https://hcservices.ecourts.gov.in/hcservices/

dated 02.07.2015, directed the petitioner to file an appeal before the District Collector, Thoothukudi and on receipt of such an appeal, the District Collector was directed to pass orders on the appeal, as expeditiously as possible. Since no action has been taken, the petitioner has come up with this Writ Petition.

3. Considering the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim made by the petitioner, the Writ Petition is disposed of with a direction to the respondent herein to consider and dispose of the appeal petition dated 15.10.2015, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case and it is for the respondent to decide the issue purely on its own merits. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To The District Collector, Thoothukudi District, Thoothukudi +1cc to Special Government Pleader in SR.No. 3082 nb AAM PM PN 31.01.2017 2P 3C ORDER MADE IN W.P.[MD].No.23510 of 2015 18.01.2017 https://hcservices.ecourts.gov.in/hcservices/