Ayyappan. M 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.15660 of 2022 M.Ayyappan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai - 625 020.

2.The Revenue Divisional Officer, District Collectorate Campus, Madurai - 625 020.

3.The Tahsildar, Madurai North Taluk, Madurai - 625 020.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to issue ST-Hindu Kattunayakkan Community Certificate to the petitioner, his wife Packiam and his children namely Kowsika and Kowsick, on the basis of the application dated 21.11.2021 within a stipulated time that may be fixed by this Honourable Court. 1/5

For Petitioner : Mrs.B.Kalaiarasi Bharathi For Respondents : Mr.T.Amjad Khan, Government Advocate(Civil Side) ***

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 second respondent herein to issue ST-Hindu Kattunayakkan Community Certificate to the petitioner, his wife Packiam and his children namely Kowsika and Kowsick, on the basis of the application, dated 21.11.2021, within a stipulated time.

2. Heard Mrs.B.Kalaiyarasi Bharathi, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate 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. The petitioner submitted an application before the second respondent on 21.11.2021 for issuance of ST-Hindu Kattunayakkan Community Certificate to the petitioner, his wife by name Tmt.Packiam and his children namely Kowsika and Kowsick.

5. It is the case of the petitioner that his elder son by name Gowtham, got his community certificate as ST-Hindu Kattunayakkan Community after detailed enquiry on 20.02.2017 and the petitioner's application is pending from 2021.

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

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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, Madurai District, Madurai - 625 020.

2.The Revenue Divisional Officer, District Collectorate Campus, Madurai - 625 020.

3.The Tahsildar, Madurai North Taluk, Madurai - 625 020.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

pm W.P(MD)No.15660 of 2022 19.07.2022 5/5