Dhilipan K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Dhilipan ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul-624 004.

2.The Revenue Divisional Officer, Revenue Divisional Officer, Palani, Dindigul-624 601.

3.The Tahsildar, Oddanchathiram Taluk, Oddanchathiram, Dindigul-624 619.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioner's appeal filed on 29.09.2022 in the light of the Government Order passed in G.O.(Ms)No.1, dated 02.01.2009 issued by the Adi Dravidar and Tribal Welfare Department within a stipulated time that may be fixed by this Court for issuing Scheduled Castes Community Certificate to the petitioner.

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For petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.P.Maharajan, Special Government Pleader

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the the 2nd respondent to dispose of the petitioner's appeal filed on 29.09.2022 in the light of the Government Order passed in G.O.(Ms)No.1, dated 02.01.2009 issued by the Adi Dravidar and Tribal Welfare Department for issuing Scheduled Castes Community Certificate to the petitioner within a time frame.

2. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. Seeking issuance of Community Certificate in the light of G.O.(Ms)No.1, Adi Dravidar and Tribal Welfare Department, dated 2/4

02.01.2009, the petitioner filed an appeal, dated 29.09.2022 to the 2nd respondent. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

5. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner's appeal, dated 29.09.2022 would be disposed of on merits and in accordance with law within a time frame.

6. In view of the above, without going into the merits of the claim made by the petitioner, the 2nd respondent is directed to dispose of the appeal filed by the petitioner, dated 29.09.2022 and pass appropriate orders, on merits and in accordance with law, after affording sufficient opportunity of personal hearing to the petitioner, within a period of three (3) months from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 02.12.2022 Internet : Yes ps 3/4

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps To 1.The District Collector, Dindigul District, Dindigul-624 004.

2.The Revenue Divisional Officer, Revenue Divisional Officer, Palani, Dindigul-624 601.

3.The Tahsildar, Oddanchathiram Taluk, Oddanchathiram, Dindigul-624 619.

ORDER MADE IN DATED : 02.12.2022 4/4