Ponpandi v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ponpandi .. Petitioner v.

The Tahsildar, Tisaiyanvilai Taluk, Tiruneveli District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in No.TNTAFTNV022000013233 dated 02.06.2023 and quash the same and further directing the respondent to issue first graduation certificate to the petitioner's son Madhan, within a stipulated time limit. For Petitioner : Mr.R.Balakrishnan For Respondent : Mr.M.Sarangan, Additional Government Pleader ***** 1/4

ORDER

The petitioner has applied for a certificate that his son, Madhan, is the first graduate in his family. The application was dismissed by the respondent and challenging the same, the petitioner has moved this writ petition.

2.Learned Additional Government Pleader, on instructions, submitted that the First Graduate Certificate can be issued only to those who belong to the State of Tamil Nadu. This petitioner, even according to his application, is residing at Mumbai and therefore, his application was rejected.

3.This Court considered the rival submissions made on either side and perused the available materials.

4.The intention of the Government while announcing a welfare scheme is that the benefits are provided to the people who belong to the State of Tamil Nadu. Just because the petitioner is residing at Mumbai, it 2/4

does not mean that he is not belonging to the State of Tamil Nadu. Therefore, this Court is not inclined to accept the stand taken by the respondent.

5.The respondent shall take a decision afresh, after taking into consideration of the Nativity Certificate of the petitioner. The respondent shall ascertain as to whether the petitioner is a resident of Tamil Nadu and is a native of Tamil Nadu and thereafter, pass suitable orders on the application of the petitioner, on its merits. Such an exercise has to be completed within a period of six weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner. With the above observations and directions, this writ petition is disposed of. No costs.

Index :

Yes / No 02.08.2023 NCC :

Yes / No Internet :

Yes gk 3/4

B.PUGALENDHI, J.

gk To The Tahsildar, Tisaiyanvilai Taluk, Tiruneveli District.

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