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Madras High CourtWP(MD)/26932/2019disposed of

Anis Kumar v. The Tahsildar

2019-12-18Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26932 of 2019 1.Anish Kumar 2.Mukila ... Petitioners Vs.

The Tahsildar, Tahsildar Office, Thiruvaiyaru, Thanjavur District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondent to issue the Inter-Caste Marriage Certificate to the Petitioner and the Petitioner's wife on the basis of the representation dated 5.7.2019.

For Petitioners : Mr.S.Suresh Kumar For Respondent : Mrs.J.Padmavathi Devi Special Govt.Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondent to issue the Inter-Caste Marriage Certificate to the Petitioner and the Petitioner's wife on the basis of the representation, dated 5.7.2019.

2.Mrs.J.Padmavathi Devi, learned Special Government pleader takes notice on behalf of the respondent.

3.By consent of both parties, the main Writ Petition is taken up for final disposal.

4.The case of the petitioners is that the first Petitioner belongs to Christian Schedule Caste Community and the second Petitioner belongs to Hindu Schedule Caste Community and they decided to marry each other and accordingly, their marriage was solemnized on 2.9.2018 and they have also registered their marriage with the Sub-Registrar Office, Thiruvaiyaru. Since their marriage comes under the category of Inter-Caste Marriage, they have submitted a representation, dated 5.7.2019 to the respondent herein seeking Inter-Caste Marriage Certificate. The representation is https://hcservices.ecourts.gov.in/hcservices/

said to be still pending. Hence, the petitioner has come forward with the present Writ Petition, for the relief stated supra. 5.Therefore, without expressing any opinion on the merits of the claim made by the petitioners, the respondent is directed to consider the representation of the petitioners, dated 5.7.2019 and pass appropriate orders on the same, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of four weeks from the date of receipt of a copy of this order.

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

7.Post the matter under the caption''for reporting compliance'' on 28.1.2020.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) vsn To The Tahsildar, Tahsildar Office, Thiruvaiyaru, Thanjavur District +1 CC to Mr.S.KRISHNAMOORTHY, Advocate ( SR-105539[F] dated 18/12/2019 ) +1 CC to SPL.GP ( SR-105986[F] dated 19/12/2019 ) ORDER MADE IN W.P(MD)No.26932 of 2019 18.12.2019 VB(31.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/