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Madras High CourtWP(MD)/11676/2022disposed of

Sekhar.M v. The District Collector,

2022-06-15Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice S.Srimathy2 pages

W.P(MD)No.11676 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.11676 of 2022 M.Sekhar

...Petitioner

-Vs1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Revenue Divisional Officer, Padmanabhapuram Division, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to issue Hindu Sambavar Community (SC) Certificate to the petitioner's sons S.Sanjay and S.Sajin in an accordance with law, within a reasonable time period to be fixed by this Court. For Petitioner : Mr.R.Jenifer Bibin For Respondents : Mr.T.Amjad Khan, Government Advocate.

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents to issue Hindu Sambavar Community (SC) Certificate to the petitioner's sons, namely, S.Sanjay and S.Sajin in accordance with law, within a period to be fixed by this Court. 2.The petitioner states that he belongs to Hindu Sambavar Scheduled Caste Community. It is his case that he married a woman belongs to Christian Nadar Backward Community and that their marriage was a registered one. Out of the wedlock, the petitioner had two sons by name S.Sanjay and S.Sajin. It is the further case of the petitioner that the petitioner though applied for Community Certificate, it was not processed and his representation dated 01.10.2021 has not been considered till date. Hence, he come forward with this Writ Petition.

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W.P(MD)No.11676 of 2022 3.The learned Government Advocate appearing for the respondents, on instructions, would submit that the third respondent has to consider the issue, relating to Community Certificate and that the delay is in account of usual formalities. 4.Considering the grievance of the petitioner and the fact that the representation of the petitioner dated 01.10.2021 is pending for long time, this Court, without expressing any opinion on the merits of the petitioner's representation and the affidavit filed in support of this Writ Petition, directs the third respondent to consider the representation of the petitioner dated 01.10.2021 and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. The outcome of the representation shall also be indicated to the petitioner.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) Myr To 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Revenue Divisional Officer, Padmanabhapuram Division, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

+1 CC to M/s.R. JENIFAR BIBIN, Advocate ( SR-25854[F] dated 15/06/2022 ) +1 CC to M/s.SPL.GP ( SR-26521[F] dated 17/06/2022 ) W.P(MD)No.11676 of 2022 15.06.2022 CK(CO) KB(29.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2