Ramar v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE C.T.SELVAM W.P.(MD).No.15658 of 2013 Ramar : Petitioner Vs.

1.The Revenue Divisional Officer, Dindigul.

2.The Tahsildar, Nilakottai Taluk, Dindigul District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 27.08.2013 in Na.Ka.No.2078/2013/A4 quash the same as the same is arbitrary, contrary to the principles of natural justice, non-speaking, cryptic and consequentially direct the first respondent to issue community certificate to the petitioner's children Gokulavan, Kumaresan, Pavalakodi, Jeyalakshmi evidencing that they belong to Malaivedan community.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.M.Alagadevan Special Government Pleader

O R D E R

[Order of the Court was made by S.MANIKUMAR, J.] Challenge in this Writ Petition is to the order dated 27.08.2013 made in Na.Ka.No.2078/2013/A4 passed by the first respondent rejecting the request of the petitioner, to issue community certificate to his children.

2. As per the Government Order issued in G.O.(Ms).No.235, Revenue [RA3(2)] Department, dated 26.06.2015, the petitioner has got an alternative remedy of filing an appeal before the Appellate Authority, viz., the District Collector concerned. In view of the fact that an alternative remedy is available to the petitioner to challenge the impugned order, the present Writ Petition is not maintainable. The petitioner is permitted to file an appeal to the District Collector within a period of ten days from the date of receipt of a copy of this order. On receipt of such an appeal, the District Collector is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of the appeal.

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3. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar /True copy/ Sub AssistantRegistrar To 1.The Revenue Divisional Officer, Dindigul.

2.The Tahsildar, Nilakottai Taluk, Dindigul District.

3.The Section Officer, ER Section, Madurai Bench of Madras High court, Madurai +1cc to special Government Pleader SR.No.7937/16 sm:SKS-RR:AR II:15.2.2016:2P/5c ORDER MADE IN W.P.(MD).No.15658 of 2013 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/