Bharathi vs Union Of India on 21 February, 2019

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Madras High Court

Bharathi vs Union Of India on 21 February, 2019

Bench: M.S.Ramesh

                                                          1

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated: 21.02.2019

                                                       CORAM

                                   The Honourable Mr.JUSTICE M.S.RAMESH

                                                W.P.No.12919 of 2004


                      Bharathi                                                ...Petitioner

                                                          Vs.

                      1.Union of India,
                        rep. by the Government of Pondicherry,
                        through its Chief Secretary,
                        Pondicherry.

                      2.The Secretary to Government(Revenue),
                       Government of Pondicherry,
                       Pondicherry.

                      3.The Deputy Tahsildar,
                        Taluk Office,
                        Pondicherry.                                       ...Respondents


                                  Petition filed under Article 226 of Constitution of India for
                      the issuance of a Writ of mandamus directing the second respondent
                      to issue Caste Certificate to the petitioner in terms of Constitution
                      (Pondicherry Schedule Caste Order 1964).


                                  For Petitioner      : No appearance

                                  For Respondents : Mr.B.Nambiselvam, AGP(P)




http://www.judis.nic.in
                                                          2



                                                      ORDER

The prayer sought for in the present writ petition is for issuance of a Caste Certificate to the petitioner herein, evidencing that he belongs to Schedule caste.

2. On a perusal of the affidavit filed in support of this writ petition as well as the typed set of papers, it is seen that the petitioner even without making an application had directly approached this Court seeking for issuance of a Caste Certificate, on the apprehension that the respondents might refuse to issue the Cast Certificate to him since his mother alone belongs to Reserved community.

3. In my considered view, the prayer sought for in this writ petition is pre-matured and there is no cause of action for filing the present writ petition. It is appropriate for the petitioner to make out an application before the concerned authority and to await for the orders to be passed in that application. In case he is aggrieved against any action in that application, it is open to the petitioner to challenge the same in the manner known to law. http://www.judis.nic.in 3

4. In the light of the above observation, the petitioner is granted liberty to make out an application seeking a Caste Certificate before the third respondent, if he deems fit to do so.

5. With the above liberty, this writ petition stands closed. No costs.

21.02.2019 Index: yes/No Speaking/Non-Speaking dn To

1.Union of India, rep. by the Government of Pondicherry, through its Chief Secretary, Pondicherry.

2.The Secretary to Government(Revenue), Government of Pondicherry, Pondicherry.

3.The Deputy Tahsildar, Taluk Office, Pondicherry.

http://www.judis.nic.in 4 M.S.RAMESH.J, dn W.P.No.12919 of 2004 21.02.2019 http://www.judis.nic.in

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