Parvathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P.(MD).Nos.12521 & 12532 of 2021 and W.M.P.(MD)Nos.9803 & 9809 of 2021 1.Parvathi
...Petitioner in W.P.(MD)
2.S.Priyadharshini ...Petitioner in W.P.(MD) No.12532 of 2021 Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli District.
Respondents in both petitions PRAYER in W.P.(MD)No.12521 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Certiorarified Mandamus, to call for the records in pertaining to the impugned order of the second respondent vide his proceedings Nil dated Nil and quash the same as illegal consequently direct the second respondent to issue Community Certificate to petitioner's daughter namely, S.Thivyadharshini certifying as Hindu Vallan Chettiyar Community, which is recognized as a Backward Class Status within the time frame fixed by this Court. PRAYER in W.P.(MD)No.
12532 of 2021 : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Certiorarified Mandamus, to call for the records in pertaining to the impugned order of the second respondent vide his proceedings Nil dated Nil and quash the same as illegal consequently direct the second respondent to issue Community Certificate to petitioner as S.Priyadharshini certifying as Hindu Vallan Chettiyar Community, which is recognized as a Backward Class Status within the time frame fixed by this Court.
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For Petitioner : Mr.V.Sorimuthu (in both petitions) For Respondents : Mr.R.Baskaran, (in both petitions) Standing Counsel for Government COMMON ORDER [Order of the Court was made by T.S.SIVAGNANAM,J.] Heard Mr.V.Sorimuthu, learned counsel appearing for the petitioners and Mr.R.Baskaran, learned Standing Counsel for Government appearing for the respondents.
2.The petitioners have challenged the on-line status of their applications for grant of Community Certificate. The on-line status states that the applications have been rejected on two grounds. However, the petitioners have to challenge the speaking order that would be passed by the second respondent, namely, the Tahsildar, Palayamkottai Taluk.
3.The learned counsel for the petitioners submitted that till date, no such speaking order has been communicated to the petitioners.
4.Therefore, we direct the second respondent to pass a speaking order as to why the application for grant of Community Certificate cannot be granted to the petitioners and communicate the same to the petitioners within a period of two weeks from the date of receipt of copy of this order and on receipt of the same, it will be open to the petitioners to question the correctness by approaching the appropriate forum. If the petitioners have already been communicated with the speaking order, then liberty is granted to the petitioners to challenge the same, before the appropriate forum.
5. With the above directions, these Writ Petitions stand disposed of. No Costs. Consequently, the connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 2/3
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli District.
+1 CC to M/s.V.SORIMUTHU, Advocate ( SR-23925[F] dated 26/07/2021 ) +1 CC to M/s.SPL GP ( SR-24214,24212[F] dated 28/07/2021 ) W.P.(MD).Nos.12521 & 12532 of 2021 26.07.2021 RK (03.08.2021) 3P 5C 3/3