Minor B.Dharasan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21193 of 2017 and W.M.P.(MD)Nos.17455 of 2017 Minor.B.Dharasan, Represented by its Natural Guardian Dr.S.Prassnna Lakshmi

...Petitioner

Vs.

1. The District Collector, Trichy District,

2. The Revenue Divisional Officer, Trichy District,

3. The Tahsildar, Trichy Taluk,

...Respondents

PRAYER: Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the request of the petitioner for issuance of Hindu Arundathiyar (Scheduled Caste) community Certificate based on the petitioner representation dated 04.04.2016. For petitioner : Mr.A.Rajendran For Respondents : Mr.M.Murugan Government Advocate

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.) This writ petition has been filed seeking a writ of Mandamus directing the respondents to consider the request of the petitioner to issue Hindu Arundathiyar (Scheduled Caste) community Certificate based on the representation dated 04.04.2016.

2. The case of the petitioner is that his mother belongs to Scheduled Caste Arundathiyar Community, While his father

belongs to Scheduled Caste Parayar Community. His mother applied for community certificate and the Revenue Divisional Officer, Trichy issued a certificate under the category of his father.

3. The petitioner's mother would state that her son is studying with the help of her elders and relatives and there is no support from her husband side family members and relatives. Hence, she sent a representation to the respondents dated 04.04.2016 requesting them to issue community certificate under the category of her community. Since it was not considered, the present writ petition has been filed.

4. Heard Mr.A.Rajendran, learned counsel for the petitioner, Mr.M.Murugan, learned Government Advocate for the respondents and perused the records.

5. The learned counsel for the petitioner submitted that though the petitioner has prayed for a positive direction for issuance of community certificate under the category of her community, the petitioner would be satisfied if a direction is given to the respondents to consider the representation.

6. The learned Government Advocate for the respondents submitted that the representation would be considered on merits.

7. In the light of the above submissions and the prayer sought for in this writ petition, this Court, without expressing any opinion on merits, directs the respondents to consider the representation dated 04.04.2016 and take appropriate action in accordance with law, after providing opportunity to all the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy District,

2. The Revenue Divisional Officer, Trichy District,

3. The Tahsildar, Trichy Taluk, +1cc to Mr.A.Rajendran, Advocate Sr.No.88414 +1cc to Spl.Government Pleader Sr.No.88206 SM VB/MR/KKR/SAR1/08/12/2017/3P/6C W.P(MD)No.21193 of 2017 17.11.2017