Pandiarajan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Pandiarajan : Petitioner Vs.
1.The District Collector, First Floor Collectorate, Sattur Road, Virudhunagar - 626 002.
2.The Head Quarters Deputy Thasildar, Taluk Office, Arupukkottai, Virudhunagar District.
3.The Tahsildar, Taluk Office, Arupukkottai, Virudhunagar District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the third 1/6
respondent to issue a community certificate classifying him under "Telugu Patti Chetty" which is of "Most Backward Class" to Tirupathi, son of the petitioner based on representation letters given by the petitioner dated 02.09.2024 and 12.10.2024, by affording a personal opportunity of hearing.
For Petitioner : Mr.Ramanathan Subburaj For Respondents : Mr.J.Ashok Additional Government Pleader
O R D E R
************ [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.This writ petition has been filed for a Mandamus to direct the third respondent to issue a community certificate under "Telugu Patti Chetty" which is notified as "Most Backward Class" for the petitioner's son based on representations given by him dated 02.09.2024 and 12.10.2024, by affording a personal opportunity of hearing.
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3.The petitioner herein had given representations to the respondents on 02.09.2024 and 12.10.2024, in this regard. Since the said representations were not considered, the present writ petition has been filed.
4.As against the order rejecting the petitioner's application seeking for issuance of Community Certificate notified as "Most Backward Class", an appeal lies to the District Collector as per G.O.(Ms)No.235, Revenue Department dated 26.06.2015. The petitioner herein has also filed an appeal on 12.10.2024 before the District Collector, which is still pending. When a statutory appeal has been preferred, it would not be appropriate for this Court to step into the shoes of the appellate authority and adjudicate the matter. However, if the appellate authority is called upon to dispose of the appeal as per law, the ends of justice could be secured.
5.In the light of the above observations, there shall be a direction to the first respondent / District Collector, to dispose of the petitioner's appeal dated 12.10.2024, if not already disposed of, on its own merits and pass appropriate orders in accordance with 3/6
law, after giving due opportunity of hearing to the petitioner herein, within a period of eight [8] 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 respondent to consider the same on its own merits.
6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [M.S.R.,J.] & [A.D.M.C.,J.] 15.11.2024 Index : Yes/No Internet : Yes/No MR 4/6
To 1.The District Collector, First Floor Collectorate, Sattur Road, Virudhunagar - 626 002.
2.The Head Quarters Deputy Thasildar, Taluk Office, Arupukkottai, Virudhunagar District.
3.The Tahsildar, Taluk Office, Arupukkottai, Virudhunagar District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 15.11.2024 6/6