V.Samburanam vs The District Collector
2023 Latest Caselaw 5408 Mad

                                                                                   W.P.No.15963 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 05.06.2023

                                                          CORAM :

                                      THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                             and
                                         THE HONOURABLE MR.JUSTICE P. DHANABAL
                                                     W.P.No.15963 of 2023
                     V.Samburanam                                                    ... Petitioner

                                                             Vs.

                     1. The District Collector,
                        Tirupattur District,
                        Tirupattur 635 601.

                     2. The Revenue Divisional Officer,
                        Tirupattur District, Tirupattur 635 601.                   ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India to
                     issue a Writ of Mandamus directing the first respondent to decide the appeal
                     of the petitioner dated 23.12.2022 in accordance with law, within a
                     reasonable time, as may be fixed by this Court.


                                  For Petitioner     : Mr.Radhakrishnan
                                                       for Mr.R.Rajnikant

                                  For Respondents   : Mr.A.Selvendran, Spl.Govt. Pleader



                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.15963 of 2023

                                                            ORDER

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

This Writ Petition has been filed to direct the first respondent to

decide the appeal of the petitioner dated 23.12.2022 in accordance with law,

within a reasonable time, as may be fixed by this Court.

2. The petitioner belonged to Kurumans Community, classified as

Scheduled Tribe and she made an application dated 11.01.2015 to the

second respondent to issue community certificates to her children, namely,

V.Kamalakannan and V.Dharani, on the basis of his own brother

Thippannan's community certificate. The second respondent rejected the

application, vide order dated 31.03.2022, holding that the petitioner

belonged to Hindu-Kurumbar (MBC) community. Therefore, the petitioner

preferred an appeal dated 23.12.2002, before the first respondent and it has

not been decided till date. Hence the writ petition.

3. The learned counsel for the petitioner submitted that the

petitioner's son has completed his XII Standard and hence, there is an

https://www.mhc.tn.gov.in/judis W.P.No.15963 of 2023

urgency to get the community certificate for her children's educational

purpose. The learned counsel further submitted that, the petitioner has

already appeared for enquiry before the Revenue Divisional Officer and

hence, there is no need to give opportunity to the petitioner to appear for

enquiry and it is sufficient to direct the first respondent to decide the appeal

filed by the petitioner, within a short period.

4. The learned Special Government Pleader, appearing for the

respondents submitted that the appeal fled by the petitioner will be

considered and appropriate orders will be passed by the concerned

authorities on its own merits, within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case and also the

limited scope of prayer, the first respondent is directed to consider the

appeal dated 23.12.2002 filed by the petitioner and pass orders on its own

merits and in accordance with law, within a period of six weeks from the

date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.P.No.15963 of 2023

6. With the above direction, this writ petition is disposed of. No

costs.

                                                                          (D.K.K.J.)           (P.D.B.J.)
                                                                                  05.06.2023
                     mst

                     To

                     1. The District Collector,
                        Tirupattur District,
                        Tirupattur 635 601.

                     2. The Revenue Divisional Officer,

Tirupattur District, Tirupattur 635 601.

https://www.mhc.tn.gov.in/judis W.P.No.15963 of 2023

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

mst

W.P.No.15963 of 2023

05.06.2023

https://www.mhc.tn.gov.in/judis