Madras High Court
Prabhavathi vs The District Collector on 5 June, 2023
W.P.No.15996 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.15996 of 2023
Prabhavathi ... 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 28.01.2023 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
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W.P.No.15996 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 28.01.2023 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. Mr.V.Parthasarathy, who is son of petitioner's own sister
Kalyani, has been declared by the Three Member District Vigilance
Committee, Chennai as he belonged to " Kurumans" Scheduled Tribe,
which was confirmed by a Division Bench of this Court, vide order dated
12.09.2008 in W.P.No.21818 of 2008. Since the petitioner's own sister's
son Mr.V.Parthasarathy has been declared as he belonged to Kurumans
Scheduled Tribe, the petitioner's grand children, namely, P.Parithi and
N.Advika are also entitled for declaration that they belonged to Kurumans
Scheduled Tribe. Therefore, the petitioner made an application dated
29.03.2019 to the second respondent to issue community certificates to them
to the effect that they belonged to Kurumans Scheduled Tribe. But the
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W.P.No.15996 of 2023
second respondent rejected the application, vide order dated 10.05.2022.
Therefore, the petitioner preferred an appeal dated 28.01.2023 before the
first respondent and the same has not been decided by the first respondent
till date. Hence the writ petition.
3. The learned counsel for the petitioner submitted that there is an
urgency to get the community certificate for the petitioner's grand children's
educational purpose. He 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.
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W.P.No.15996 of 2023
5. Considering the facts and circumstances of the case and also the
limited scope of prayer, this Court is inclined to allow the writ petition and
accordingly, the first respondent is directed to consider the appeal dated
28.01.2023 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.
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.15996 of 2023
D.KRISHNAKUMAR, J.
and
P. DHANABAL, J.
mst
W.P.No.15996 of 2023
05.06.2023
https://www.mhc.tn.gov.in/judis
