Madras High Court
M.Vadivel vs The District Collector And The on 8 September, 2014
Author: S.Manikumar
Bench: S.Manikumar, V.S.Ravi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2014
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE V.S.RAVI
Writ Petition (MD) No.14817 of 2014
M.Vadivel .. Petitioner
Vs.
1.The District Collector and the
Chairman, District Level
Vigilance Committee,
Pudukkottai District Collectorate,
Pudukkottai.
2.The Tahsildar,
Kulathur Taluk,
Pudukkottai District. .. Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of
India, for issuance of a Writ of Mandamus, directing the 2nd respondent to
issue the community certificate to the petitioner and the petitioner's
daughters viz., Murugeshwari and Jeyalakshmi as 'Hindu Kuravan' Scheduled
Caste Community to the petitioner in accordance with law at once on the basis
of the petitioner's representation, dated 10.02.2014.
!For Petitioner : Mr.P.Ganapathi Subramanian
For respondent : Mr.A.K.Baskara Pandian,
Special Government Pleader
:ORDER
(Order of the Court was made by S.MANIMUMAR, J) Though the petitioner has sought for a Writ of Mandamus, directing the Tahsildar, Kulathur Taluk, Pudukkottai District, respondent No.2, to issue community certificate, Mr.A.K.Baskarapandian, learned Special Government Pleader, who took notice, at the time of admission, pointed out that no such representation has been made and enclosed in the typed set of papers. In response to the above, Mr.P.Ganapathi Subramanian, learned counsel for the petitioner submitted that earlier, when a representation, dated 10.02.2014, was made to the District Collector, the petitioner has been directed to approach the Tahsildar, Kulathur and therefore, now the respondent No.2 has a duty to consider the said representation, and to issue community certificate, on merits.
2.From the material on record, we could not deduce as to whether the said representation, dated 10.02.2014, has been forwarded to the Tahsildar, Kulathur Taluk. However, even taking it for granted that if any representation has already been made to the District Collector, Pudukkottai District, for issuance of a community certificate, we are of the view that the same requires to be forwarded to the competent authority.
3.In such view of the matter, if the representation, dated 10.02.2014, stated to have been submitted to the District Collector, Pudukkottai District, not forwarded to the Tahsildar, Kulathur, respondent No.2, the same shall be forwarded by the District Collector, Pudukkottai, to the second respondent, so as to enable him, to consider and pass orders on merits. No sooner, the respondent No.2 receives a copy of the representation, dated 10.02.2014, he shall pass orders on the same, within a period of four weeks from the date of receipt of a copy of such representation. Petitioner is at liberty to place all the materials to respondent No.2.
S.MANIKUMAR, J.
and V.S.RAVI, J.
gcg
4.With the above directions, the writ Petition is disposed of. No costs.
[S.M.K.,J] [V.S.R.,J]
08.09.2014
Index : Yes / No
Internet: Yes / No
gcg
To
1.The District Collector and the
Chairman, District Level
Vigilance Committee,
Pudukkottai District Collectorate,
Pudukkottai.
2.The Tahsildar,
Kulathur Taluk,
Pudukkottai District.
W.P(MD)No.14817 of 2014