Ramamoorthi v. The Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU Writ Petition (MD)No.12416 of 2016 Ramamoorthi ... Petitioner Vs.
1. The Secretary to the Government, Backward Class, Most Backward Class and Minorities Welfare Department, Secretariat, Chennai.
2. The District Collector, Ramanathapuram District, Ramanathapuram.
3. The Tahsildar, Kamudhi Taluk, Ramanathapuram District.
4. The Zonal Deputy Tahsildar, Kamuthi Taluk, Ramanathapuram District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the fourth respondent to issue Community Certificate to the petitioner's son namely Viswabharath, S/o. Ramamoorthi as Most Backward Class by complying the direction issued by the first respondent vide his Letter No.10702/PNaCP/2009-1, dated 02.12.2009.
For Petitioner : Mr.D.Selvanayagam for Mr.K.Seemaraj For Respondents : Mr.D.Muruganandam Additional Government Pleader
O R D E R
(Order of the Court was made by M.SATHYANARAYANAN,J.) By consent, the writ petition is taken up for final disposal.
2. The petitioner claims that he is a resident of Ramasamypatti belongs to Telugupatty Chetty Community which is included as one of the communities in the list of Most Backward Class Community and majority people residing in his village belonging to the said community. The petitioner would further state that he is eaking out his livelihood by doing agricultural operation and though he is intend to provide good education to his son viz., Viswabharath, who is studying in LKG, the petitioner, for the purpose of getting community certificate for his son, submitted a representation dated 18.05.2016 to the fourth respondent. Though it was received with an acknowledgement on 02.06.2016, no response is forthcoming. Hence, he has come forward to file this writ petition.
3. Heard Mr.D.Selvanayagam, the learned counsel appearing for the petitioner and Mr.D.Muruganangam, the learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4. Though the petitioner prayed for the larger relief, this Court, in the light of the above facts and circumstances of the case and without going into the merits of the claim projected by the petitioner either in this writ petition or in his representation, directs the fourth respondent to consider and dispose of the petitioner's representation/application dated 18.05.2016, on merits and in accordance with law, after providing him an opportunity of personal hearing and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. No costs.
Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar
To
1. The Secretary to the Government, Backward Class, Most Backward Class and Minorities Welfare Department, Secretariat, Chennai.
2. The District Collector, Ramanathapuram District, Ramanathapuram.
3. The Tahsildar, Kamudhi Taluk, Ramanathapuram District.
4. The Zonal Deputy Tahsildar, Kamuthi Taluk, Ramanathapuram District.
+1 cc to Special Government Pleader, SR.NO.78113 +1 cc to Mr.K.Seemaraj, Advocate, SR.No.74375 akv AAM:11.01.2017:3p/7c Writ Petition (MD)No.12416 of 2016 30.11.2016