Suba Arasi. R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.25267 of 2022 R.Suba Arasi ... Petitioner -VsThe Revenue Divisional Officer, Nagercoil Revenue Division, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the representation dated 25.08.2022 given by the petitioner for the issuance of Community Certificate and pass orders in accordance with law within the period that may be stipulated by this Court.

For Petitioner : Mr.R.Gandhi For Respondent : Mr.V.Nirmal Kumar, Government Advocate

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, to direct the respondent to consider the representation of the petitioner dated 25.08.2022 for issuance of Community Certificate and pass orders in accordance with law within a time frame.

2.Today, when the matter was taken up for hearing, the learned Government Advocate for the respondent has produced the proceedings of the Tahsildar, Agastheeswaram Taluk, Nagercoil, dated 04.01.2023 and on instructions, submitted that since the address of the petitioner could not be traced out, her representation for issuance of Community Certificate could not be considered.

3.In reply, the learned counsel for the petitioner submitted that the petitioner is ready to appear before the respondent and furnish all the details as required by the respondent.

4.The learned Government Advocate for the respondent has also agreed that if the petitioner appears before the respondent along with present address proof, her representation would be considered by the respondent on merits and in accordance with law.

5.In view of the above, we are inclined to direct the petitioner to send her present address proof to the respondent through RPAD, within a period of one week from the date of receipt of a copy of this order and appear before the respondent on 30.01.2023. On receipt of such address proof, the respondent is directed to conduct an enquiry on the said date. If there is any difficulty for the respondent to conduct enquiry on the said date, he shall fix another date for enquiry, which shall be communicated to the petitioner for her appearance and

pass appropriate orders on its own merits and in accordance with law, as expeditiously as possible.

6.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 06.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To The Revenue Divisional Officer, Nagercoil Revenue Division, Nagercoil, Kanyakumari District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.25267 of 2022 06.01.2023