Rajaji.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Rajaji : Petitioner -vs1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the second respondent to issue Community Certificate (Thozhuvanaicker Community - MBC) for the petitioner's daughters on the basis of the petitioner's representation dated 14.07.2023 presented to second respondent at the advice of the first respondent vide

COLP/1507/2023-F1 dated 20.06.2023.

For Petitioner Mr.M.Sankar For Respondents 1& 2 Mr.J.K.Jayaseelan Government Advocate

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Mr.J.K.Jayaseelan, learned Government Advocate, takes notice for the respondents.

2.With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3.This writ petition is filed for issuance of a writ of Mandamus, seeking to direct the second respondent to issue Community Certificate (Thozhuvanaicker Community - MBC) for the petitioner's daughters on the basis of the petitioner's representation dated 14.07.2023 presented to the second respondent at the advice of the first respondent vide COLP/1507/2023-F1 dated 20.06.2023.

4.From the papers it is seen that the petitioner has applied for Community Certificate for his daughters. The petitioner has also produced some documents to show that the petitioner's status has earlier been decided in his favour.

5.However, learned Government Advocate appearing for the respondents is unable to state the status of the application submitted by the petitioner.

6.With regard to the limited scope of the prayer that is sought for in this writ petition and without expressing any opinion on the merits of the petitioner's application, the second respondent is directed to consider the petitioner's application and pass appropriate orders after holding an enquiry giving sufficient opportunity to the petitioner regarding the community status of the petitioner. After holding enquiry, the second respondent is directed to pass final orders on merits and communicate the same to the petitioner within a period of eight [8] weeks from the date of receipt of a copy of this order. 7.Accordingly, this Writ Petition is disposed of. No costs.

[S.S.S.R., J.] [D.B.C., J.] 13.09.2023 NCC Yes / No Index Yes / No Internet :

Yes / No MR

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

MR 13.09.2023