Madras High Court
Thabitha Maitri vs The Chief Secretary To Government on 5 July, 2023
W.P.No.19763 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MRS. JUSTICE N.MALA
W.P.No.19763 of 2023
Thabitha Maitri ... Petitioner
Vs.
1. The Chief Secretary to Government,
Secretariat, Government of Puducherry,
Puducherry.
2. The Special secretary (Revenue) cum
District Collector, Puducherry,
Vazhudhavur Road, Pettiayansathiram,
Puducherry - 605 009.
3. The Deputy Collector (Revenue) South,
II Floor, Revenue Complex,
Villianur, Puducherry.
4. The Thahsildar,
Taluk Office, Ground Floor,
Revenue Complex, Villianur,
Puducherry. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus to direct the 3rd respondent to dispose of the
Appeal dated 01.08.2022 made by the petitioner in the light of the
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W.P.No.19763 of 2023
observation made by the Hon'ble Supreme Court at paragraph 48 to 55 of
the Judgment in Rameshbhai Dabhai Naika Vs. State of Gujarat & Ors
case reported in 2012 (3) SCC 400 by conducting a proper enquiry
within a time stipulated by this Court.
For Petitioner : Mr.S.Meenakshi
For Respondent : Mr.Ramasamy Meyappan,
Government Advocate (Pondy)
ORDER
With the consent of both parties, the Writ Petition is taken up for
final disposal at the admission stage itself.
2. The limited prayer sought for in this Writ Petition is for a
direction to the third respondent herein to dispose of the appeal preferred
by the petitioner dated 01.08.2022 within a stipulated time.
3. According to the petitioner, she was born out of inter-caste
marriage on 15.12.1996. Her parents' marriage was a love marriage. Her
father belongs to OBC community called Parkavakula Udiyar and mother
belongs to OBC community called Parvatharajakulam. The marital
relationship of her parents broke down and a decree of divorce was also
granted by the Family Court at Pondicherry. Her mother was given full
custody of the petitioner and till now she is maintained by her mother.
The petitioner requested for community certificate consisting of her
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W.P.No.19763 of 2023
mother's community, Parvatharajakulam. The 4th respondent rejected her
application. Therefore, she filed appeal before the 3rd respondent, which
is still pending. The only grievance of the petitioner is that the 3rd
respondent has not considered the said appeal so far.
4. In view of the limited prayed sought for by the petitioner,
without expressing any view on the merits of the claim made by the
petitioner, we direct the 3rd respondent to pass orders on the appeal
dated 01.08.2022, on merits and in accordance with law, after giving due
opportunity of personal hearing to the petitioner and also in the light of
the judgment reported in 2012 (3) SCC 400 (Rameshbhai Dabhai
Naika Vs. State of Gujarat & Ors). Such exercise shall be done by the
3rd respondent within a period of eight weeks from the date of receipt of
a copy of this order. Accordingly, the Writ Petition is disposed of. No
costs.
(J.N.B,J.) (N.M., J.)
Index : Yes / No 05.07.2023
Internet : Yes
vsi
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W.P.No.19763 of 2023
To
1. The Chief Secretary to Government,
Secretariat,
Government of Puducherry,
Puducherry.
2. The Special secretary (Revenue) cum
District Collector, Puducherry,
Vazhudhavur Road,
Pettiayansathiram,
Puducherry - 605 009.
3. The Deputy Collector (Revenue) South,
II Floor, Revenue Complex,
Villianur, Puducherry.
4. The Thahsildar,
Taluk Office,
Ground Floor,
Revenue complex,
Villianur,
Puducherry.
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W.P.No.19763 of 2023
J. NISHA BANU, J.
and
N.MALA,J.
vsi
W.P.No.19763 of 2023
05.07.2023
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