G.Muniappan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.24405 of 2016 and W.M.P(MD).No.17623 of 2016 G.Muniappan : Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Tahsildar, Rajapalayam, Virudhunagar District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent in Application ID 2015/0204/267053571, dated 15.02.2016, quash the same and consequently direct the respondents to issue Hindu Malaikuravar Community Certificate to the petitioner's school going daughter, namely, M.Nivetha Devi, within a stipulated time.

For Petitioner : Mr.M.Veilkani Raju For Respondents : Mr.S.Chandrasekar Government Advocate

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] This Writ Petition has been filed seeking to quash the order dated 15.02.2016 and for a direction to the respondents to issue Hindu Malaikuravar Community Certificate to his daughter, namely, M.Nivetha Devi, within a stipulated time.

2. Though very many contentions have been raised in this Writ Petition, the main grievance of the petitioner is that his application was rejected by a single line order stating that insufficient documents to prove community.

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3. Today, when the Writ Petition was taken up for consideration, the learned Additional Government Pleader for the respondents, on going through the impugned order, submitted that the matter may be remitted back to the second respondent for fresh consideration, provided the petitioner produces all necessary documents to prove his community.

4. In view of the above, the impugned order dated 15.02.2016, passed by the second respondent is set aside and the matter is remitted back to the second respondent, who in turn, shall issue notice to the petitioner asking him to produce all the relevant documents to prove his community. On receipt of such notice, the petitioner shall produce all the relevant documents and thereafter, the second respondent shall conduct enquiry and pass appropriate orders within a period of eight weeks thereafter.

5. The Writ Petition is allowed as indicated above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Tahsildar, Rajapalayam, Virudhunagar District.

+1 cc to M/s.M.Velikani Raju, Advocate in SR.No.83423 +1 cc to M/s. Special Government Pleader in SR.No.83618 NB TTN/SS2-KSM/11.01.2017 : 2P-6C ORDER MADE IN W.P.[MD].No.24405 of 2016 23.12.2016 https://hcservices.ecourts.gov.in/hcservices/