R.Rajasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD).No.18199 of 2016 R.Rajasekaran ... Petitioner Vs 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Dindigul.

3.The Tashildar, Aathur Taluk, Dindigul District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents more particularly the third respondent to conduct an enquiry and issue community certificate to the petitioner children, namely, Ajay and Ajitha, as they belong to Hindu Pudhirai Vannan Community as per the order passed by the second respondent through his proceedings in O.Mu.No.6896/2014/A3 dated 02.11.2015.

For Petitioner :Mr.D.Venkatesh For respondents :Mr.M.Murugan Government Advocate

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] The petitioner claims that he belongs to Hindu Pudhirai Vannan Community and claiming Community Certificate for his Children, namely, Ajay and Ajitha, aged about 12 years and 10 years, respectively. He would further submit that the third respondent vide his proceedings dated 8.10.2014 passed an order rejecting the said request on the ground that at the time of conducting the enquiry, he was eking out his livelihood as a taxi driver not washing clothes, as claimed by the petitioner. Challenging the same, the petitioner filed representations before the second respondent on 17.04.2015 and 12.10.2015 and the second respondent vide his memo dated https://hcservices.ecourts.gov.in/hcservices/

02.11.2015, sets aside the order of the third respondent, dated 08.10.2014 and further directed him to conduct detailed enquiry and in the event of positive finding, issue a Community Certificate to the petitioner's children.

2.

The grievance expressed by the petitioner is that despite such communication emanating from the superior official, the third respondent is keeping quite over the matter. In this regard, the petitioner also submitted a representation/ reminder to the third respondent dated 04.08.2016. Despite the receipt and acknowledgment of the same, no orders have been passed by him. Hence, he came forward to file this Writ Petition. 3.

Though the petitioner has prayed for a larger relief, in the facts and circumstances, without going into the merits of the matter, as projected by the petitioner, either in his representations or in this Writ Petition, this Court directs the third respondent to act upon the memo of the second respondent, dated 02.11.2015, as well as the subsequent representation of the petitioner, dated 04.08.2016, and pass appropriate orders for the issuance of the Community Certificate to the children of the petitioner, as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner, forthwith.

4.

This Writ Petition is disposed of, accordingly. No costs.

Sd/ Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To:

1.The District Collector,Dindigul District,Dindigul. 2.The Revenue Divisional Officer, Dindigul, Dindigul District. 3.The Tashildar,Aathur Taluk, Dingigul District. +1cc to M/S.D.Venkatesh, Advocate in SR.No.54933 +1cc to Special Government Pleader in SR.No.55159 W.P(MD).No.18199 of 2016 22.09.2016 ssm PA/AAL-MPA/SAR I/26.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/