Madras High Court
P.Dhanasekaran vs The District Collector on 29 August, 2018
Author: R.Subbiah
Bench: R.Subbiah, R.Pongiappan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 29.08.2018 CORAM THE HON'BLE MR.JUSTICE R.SUBBIAH and THE HON'BLE MR.JUSTICE R.PONGIAPPAN W.P.No.20894 of 2018 P.Dhanasekaran ... Petitioner Vs. 1.The District Collector, Kancheepuram District, Kancheepuram. 2.The Revenue Divisional Officer, Tambaram, Chennai-600 045. ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the second respondent to issue community certificate as Schedule Tribe to the petitioner and the petitioner's family members by considering the petitioner's representation dated 06.06.2016. For Petitioner : Mr.S.Ramadoss For Respondents : Mr.K.Rajendra Prasad, AGP * * * * * ORDER
(Order of the Court was delivered by R.SUBBIAH, J.,) This writ petition has been filed by the petitioner praying to direct the respondents to consider the representation of the petitioner dated 06.06.2016 requesting to issue community certificate as Schedule Tribe to the petitioner and his family members.
2.It is stated by the petitioner that he belongs to Irual Community (Hindu) and he is a native of Kottakayapakkam, Kattukaranai Post, Achirupakkam Union, Maduranthagam Taluk, Kancheepuram District. On 21.08.1977, he married one Lakshmi who also belongs to Irular Community. They have two children namely Karthick (son) and Janki (daughter). The petitioner's son is now studying in a Polytechnic College at Vandalur and his daughter is studying in St.Joseph School, Tambaram. It is stated by the petitioner that without community certificate, his children cannot avail any benefit from the Government. Hence, he gave a representation on 06.06.2016 to the 1st respondent requesting to issue schedule tribe certificate to him, his wife and his two children. The 1st respondent forwarded the same to the 2nd respondent for necessary action. Thereafter, the 2nd respondent vide his letter dated 28.02.2017 called for a report from Sub-Collector, Maduranthagam, who in turned forwarded the same to the Tahsildar, Maduranthagam. It is stated by the petitioner that though the petitioner approached the respondents on several times, no further action has been taken and no order has been passed by the respondents on the representation of the petitioner with regard to issuance of community certificate. Hence, the petitioner has come forward with the present writ petition.
3.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.
4.Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the claim made by the petitioner, this Court directs the respondents to consider the representation of the petitioner and to pass appropriate orders, on merits and in accordance with law, within a period of eights weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs.
(R.P.S.J.,) (R.P.A.J.,) 29.08.2018 Internet : Yes / No Index : Yes / No ssv To
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Revenue Divisional Officer, Tambaram, Chennai-600 045.
R.SUBBIAH, J., and R.PONGIAPPAN, J., (ssv) W.P.No.20894 of 2018 29.08.2018