Saktheeswari.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.28495 of 2022 P.Saktheeswari ... Petitioner Vs.

1.The District Collector, Kanyakumari District.

2.The Revenue Divisional Officer, Nagerkovil Division, Kanyakumari District.

3.The Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to issue the HinduKattunayakkan Scheduled Tribe Community certificate (ST) as per the order passed by the 1st respondent in e.f.vz;.n$4/ 31944, dated 18.11.2022 to the petitioner daughters namely S.Deebika and S.S.Abisha and on the basis of the petitioner representation dated 12.09.2022 within a period that may be stipulated by this Hon'ble Court. 1/4

For Petitioner : Mr.V.Palanichamy For Respondents : Mr.J.Ashok Additional Government Pleader ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) The Writ Petition is filed for issuance of a Writ of Mandamus directing the 3rd respondent to issue the Hindu-Kattunayakkan Scheduled Tribe Community certificate (ST) as per the order passed by the 1st respondent in e.f.vz;.n$4/ 31944, dated 18.11.2022 to the petitioner's daughters namely S.Deebika and S.S.Abisha.

2. The case of the petitioner is that she has applied for Schedule Tribes Community Certificates to her daughters and the same was rejected by the second respondent without conducting proper enquiry. Therefore, as per the direction of the first respondent in e.f.vz;. n$4/ 31944, dated 18.11.2022, the second respondent is supposed to conduct enquiry and pass orders on the application of the petitioner for issuance of community certificate to the petitioner's daughter. 2/4

3. The grievance of the petitioner is that the enquiry is pending before the 3rd respondent and the 3rd respondent has not conducted further enquiry and passed final orders.

4. In view of the grievance expressed by the petitioner, without going into the merits of claim made by the petitioner, the Writ Petition is disposed of with a direction to the third respondent to dispose of the petitioner's application for issuance of Scheduled Caste Community Certificate to the petitioner's daughters on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

[S.S.S.R., J.] [D.B.C., J.] 18.07.2023 NCC : Yes / No Index : Yes / No sj To 1.The District Collector, Kanyakumari District.

2.The Revenue Divisional Officer, Nagerkovil Division, Kanyakumari District.

3/4

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

sj 3.The Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.

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