Sekar. P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.15600 of 2022 P.Sekar ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 21.07.2020 and to issue Hindu ST-Kattunayakkan Community Certificate to the petitioner's daughter Deepa, on surrendering the MBCThottiyanayakkar Community Certificate vide No.4930086 and to issue fresh ST-Hindu Kattunayakkan Community Certificate to the petitioner's last daughter Thirisha within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.J.Ashok, Additional Government Pleader ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition is filed for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 21.07.2020, and issue Hindu STKattunayakkan Community Certificate to the petitioner's daughter Deepa, on surrendering the MBC-Thottiyanayakkar Community Certificate vide No.4930086 and to issue fresh Hindu ST-Kattunayakkan Community Certificate to the petitioner's younger daughter Thirisha, within a stipulated time.

2. Heard Mr.P.Saravanakumar, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/5

4. In the representation dated 21.07.2020, the petitioner has requested the Revenue Divisional Officer - second respondent to issue Community Certificate to the petitioner's children by name Selvi.Deepa and Selvi.Thirisha, as they belong to Hindu "Kattunayakkan" Community. It is also stated by the petitioner in the affidavit filed in support of the writ petition that the community status of the blood relatives of the petitioner had already been recognised by the respondents as they belong to Hindu "Kattunayakkan" Community.

5. Learned Additional Government Pleader appearing for the respondents fairly submitted that the petitioner's representation is yet to be disposed of on merits and it is in process.

6. In such circumstances, this Court, without expressing any opinion on the merits of the petitioner's claim either in the representation or in the affidavit filed in support of the petition, directs the second respondent to consider the representation of the petitioner and pass orders on merits and in accordance with law after following due process and after considering the materials produced by the petitioner. The entire exercise shall be completed 3/5

by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of with the above directions. No costs.

[S.S.S.R., J.] [S.S.Y., J.] 19.07.2022 Index : Yes / No pm To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

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