N.Kumaresan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2017

CORAM:

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P(MD)No.11453 of 2017 N.Kumaresan ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Illuppur Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to issue Community Certificate to the petitioner's sons, namely, K.Varadharajan and K.Manikandan, as they belong to Hindu, Kuravan (Scheduled Caste) Community.

For Petitioner : Mr.S.Sankar For Respondents : Mr.VR.Shanmuganathan, Special Government Pleader * * * * *

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J.) By consent, the writ petition itself is taken up for final disposal.

2. This writ petition is filed for issuance of a writ of Mandamus directing the third respondent - Tahsildar, Illuppur Taluk, Pudukkottai District, to grant Community Certificate to the petitioner's sons, namely, K.Varadharajan and K.Manikandan, certifying that they belong to Hindu, Kuravan (Scheduled Caste) Community.

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3. The petitioner would state that his application, complete in all respects, was submitted to the third respondent, who had

issued enquiry notice on 06.02.2017 and enquiry was conducted to verify the genuineness of the claim made by the petitioner, however, thereafter, no orders have been passed.

4. The learned Special Government Pleader appearing for the respondents would submit that enquiry into the communal status of the petitioner and his family is pending and since there is a change of officer in the office of the third respondent, the matter could not be finalised. He further submits that reasonable time may be granted to the new incumbent to finalise and pass orders.

5. In the light of the above, without going into the aspect as to whether the petitioner is entitled for Community Certificate that his children belong to Hindu, Kuravan (Scheduled Caste) Community, we direct the third respondent to conclude the enquiry and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of as above. No costs.

sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Illuppur Taluk, Pudukkottai District.

+1cc to Mr.S.Sankar,Advocate,SR.61255 ORDER MADE IN W.P(MD)No.11453 of 2017 21.06.2017 RSB KK/SKN/SAR4/29.06.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/