Madras High Court
S.Akila vs The District Collector on 25 March, 2014
Author: M.Jaichandren
Bench: M.Jaichandren, M.Venugopal
In the High Court of Judicature at Madras
Dated: 25.03.2014
Coram:
The Hon'ble Mr.Justice M.Jaichandren
and
The Hon'ble Mr.Justice M.Venugopal
Writ Petition No.4464 of 2014
S.Akila .. Petitioner
vs.
1.The District Collector, Chennai-1.
2.Personal Assistant [G] to the District Collector,
Chennai.
3.The Revenue Divisional Officer,
Attur, Salem Dist.
[R.3 impleaded vide order, dated
21.3.2014, in M.P.No.2 of 2014] .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, for the relief as stated therein.
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For petitioner : Mr.S.Doraisamy
For respondents : Mr.R.Lakshminarayanan,
A.G.P.
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O R D E R
[Order of the Court was made by M.Jaichandren, J.] Heard the learned counsels appearing on behalf of the parties concerned.
2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified Mandamus to call for the records, relating to the rejection order of the 2nd respondent, in P1/40540/2010, dated 18.1.2014, and to quash the same, and to direct the respondents to issue a Community Certificate to the petitioner's children, namely [1] S.Arjun, and [2] S.Harini, stating that they belong to 'Urali', a Scheduled Tribe Community.
3.During the course of the arguments, the Revenue Divisional Officer, Attur, Salem District, had been impleaded, as the 3rd respondent herein, by the order of this Court, dated 21.3.2014. The main contention of the learned counsel appearing on behalf of the petitioner is that the 2nd respondent had passed the impugned order, dated 18.1.2014, stating that the petitioner ought to have made an application, for the issuance of the Community Certificate, at Attur, Salem District, which is his native District. The learned counsel had further submitted that during the pendency of the Writ Petition, the petitioner had submitted an application, for the issuance of the Community Certificate, before the 3rd respondent, on 22.2.2014. In such circumstances, he had prayed that it would suffice, if a direction is issued to the 3rd respondent to pass orders, on the application of the petitioner, dated 22.2.2014, on merits and in accordance with law, within a time frame specified by this Court. The learned Additional Government Pleader appearing on behalf of the respondents has no objection for this court passing such an order.
4. In such circumstances, we find it appropriate to direct the 3rd respondent to consider the application of the petitioner, dated 22.2.2014, if it is otherwise in order, and dispose of the same, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of the application, dated 22.2.2014, to the 3rd respondent, along with a copy of this order. However, it is made clear that we have not expressed any opinion on the merits of the matter. The Writ Petition is disposed of, with the above directions. No costs. M.P.No.1 of 2014 is closed.
gs. [M.J., J.] [M.V., J.]
25th March, 2014.
Index:Yes/No. Internet:Yes/No.
To
1.The District Collector, Chennai-1.
2.P.A. [G] to the District Collector,
Chennai.
3.The Revenue Divisional Officer,
Attur, Salem Dist.
M.Jaichandren, J.
and
M.Venugopal, J.
gs.
W.P.No.4464 of 2014
25.3.2014