F.Titus Lean v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.20690 of 2024 F.Titus Lean ... Petitioner vs.
1.The District Collector, Collectorate, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Collectorate, Tirunelveli District, Tirunelveli.
3.The Tahsildar, Taluk Office, Palayamkottai Taluk, Tirunelveli District.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned order passed by the 3rd respondent in O.Mu.Aa9/5001/2022, Page No.1 of 5
dated 13.10.2022, quash the same and consequently direct the respondents to issue Community Certificate to the petitioner's Son Selvan.Jose Francis Lean and Daughter Selvi.Jiya Celin, by considering the Community Certificate issued in favour of the petitioner and the petitioner's father. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.P.T.Thiraviyam Government Advocate
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) Challenge in the Writ Petition is to the order of the Tahsildar, Palayamkottai, rejecting the request of the petitioner for a community certificate to his son and daughter to the effect that they belong to ''Christian Mapilla'', a backward class community. The rejection is solely on the ground that the name of the said community does not find a place in the notification issued by the Backward Classes, Most Backward Classes and Minorities Welfare Department, dated 29.07.2008, published in the Fort St. George Gazette, dated 05.09.2008.
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2. The Tahsildar cannot be found fault with for having rejected the same, since the fact that the name of the community ''Christian Mapilla'' is not found in the list of backward class communities enumerated by the State Government, is an admitted fact. Hence, we see no reason to entertain the Writ Petition. The Writ Petition is dismissed. No costs. It is open to the petitioner to seek appropriate relief for inclusion of his community as a Backward Class Community. Consequently, connected Miscellaneous Petition is closed. (R.S.M, J.) (L.V.G, J.) 16.10.2024 Index : No : No smn2 To 1.The District Collector, Collectorate, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Collectorate, Tirunelveli District, Tirunelveli.
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3.The Tahsildar, Taluk Office, Palayamkottai Taluk, Tirunelveli District.
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R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
smn2 ORDER MADE IN DATED : 16.10.2024 Page No.5 of 5