Devaraj v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE Devaraj ... Petitioner Vs

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam, Trichy District..

2. The Tahsildar, Marungapuri Taluk, Trichy District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue community certificate to the petitioner and to the petitioners sons D.Dineshkarthick and D.Dinabandhu certifying that they belong to Kurumans Scheduled Tribe Community within time frame that may be fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.S.Shaji Bino for R1 to R3 Special Government Pleader 1/5

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this writ petition for a mandamus to direct the respondents to issue community certificate to the petitioner and to the petitioner's sons, namely, D.Dineshkarthick and D.Dinabandhu certifying that they belong to Kurumans Scheduled Tribe Community within time frame that may be fixed by this Court.

3. For issuance of the community for the petitioner's sons, the petitioner has given a representation/application to the official respondents on 27.08.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.

4. It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them to 2/5

consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondents 1 to 5 herein to consider the petitioner's representation/application dated 27.08.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits. 3/5

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

[M.S.R.,J] [A.D.M.C.,J] 06.01.2025 NCC : Yes/No Index : Yes/No RR To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam, Trichy District..

2. The Tahsildar, Marungapuri Taluk, Trichy District..

4/5

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.31145 of 2024 Date : 06.01.2025 5/5