P.Samuthiram, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 15.09.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)Nos.4534 and 15854 of 2017 W.P.(MD)No.4534 of 2017 P.Samuthiram ... Petitioner Vs.
2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.Mr.Balamurugan 5.The Revenue Inspector, Gangaikondan Village, 6.The Village Administrative Officer, Village Administrative Office, 7.The Bishop, Bishop House, Near Saradha College, Near KTC Nagar, Tirunelveli.
8.A.Yahammal 9.Arulmani 10.The Zonal Deputy Tahsildar, ... Respondents Prayer in W.P.(MD)No.4534 of 2017: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling the impugned online approval order of the 4th Respondent in File No.B2/466/2016 dated 07.03.2017 in online "ID
No.2016/0264/29/082770", on the application given be the 8th respondent dated 29.12.2016 claiming bogus Schedule Caste Community Certificate and to quash the same as illegal. For Petitioner : Mr.S.Saji Bino For Respondents 1,2,3,5,6 &10 : Mr.M.Murugan Government Advocate For Respondents 7 & 4 : No appearance For Respondents 8 & 9 : Mr.T.Lajapathiroy W.P.(MD)No.15854 of 2017 P.Samuthiram ... Petitioner Vs.
2.The Revenue Divisional Officer, Revenue Divisional Office, 3.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.
4.A.Yahammal ... Respondents Prayer in W.P.(MD)No.15854 of 2017: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd Respondent to pass final order in the appeal in file proceedings e.f.m7/364/2017 dated 07.03.2017 within the time frame fixed by this Court.
For Petitioner : Mr.S.Saji Bino For Respondents 1 to 3 : Mr.M.Murugan Government Advocate For 4th Respondent : No appearance COMMON ORDER [Order of the Court was made by M.M.SUNDRESH, J.] On a complaint made by the petitioner inter alia alleging that the fourth respondent was issued with a community certificate as
belonging to Scheduled Caste Community by playing fraud. The first respondent in turn directed the second respondent to conduct an enquiry. On receipt of the said communication, the second respondent has conducted an enquiry and sent a communication Na.Ka.No7/364/2017, dated 07.03.2017. As no further orders are passed, W.P.(MD) No.15854 of 2017 has been filed. 2.W.P.(MD) No.4534 of 2017 has been filed seeking to set aside the impugned online approval order of the 4th Respondent in File No.B2/466/2016 dated 07.03.2017 in online "ID No.2016/0264/29/082770", on the application given be the 8th respondent dated 29.12.2016 claiming bogus Schedule Caste Community Certificate.
3.Taking note of the above said facts, W.P.(MD) No.15854 of 2017 is disposed of with a direction to the first respondent to pass appropriate final order on the communication dated 17.03.2017, sent by the second respondent after affording an opportunity to the parties, namely, the petitioner and fourth respondent within a period of eight weeks from the date of receipt of a copy of this order. While doing so, the first respondent shall take into consideration, the applicability of the Government order passed in G.O.Ms.No.1 Adi Dravidar and Tribal Welfare (CV-1) Department, dated 02.01.2009. No costs.
4.In view of the order passed in W.P.(MD) No.15854 of 2017, no orders are required in W.P.(MD)No.4534 of 2017. Hence, it is closed. No costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To Tirunelveli District,Tirunelveli.
2.The District Revenue Officer, District Revenue Office, Tirunelveli.
3.The Revenue Divisional Officer, Revenue Divisional Office,Tirunelveli.
4.The Deputy Tahsildar, 5.The Revenue Inspector, Gangaikondan Village,
6.The Village Administrative Officer, Village Administrative Office, +1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.79354 +1cc to M/S.S.SAJI BINO, Advocate SR.No.78984 +1cc to Special Government Pleader, SR.No. 79332 sj MAS/MR-KKR/SAR1:06.10.2017:4P-10C W.P.(MD)Nos.4534 and 15854 of 2017 and W.M.P.(MD)No.3628 of 2017 15.09.2017