Madras High Court
Mahalakshmi vs The District Collector on 18 August, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.21308 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.08.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.21308 of 2022 and
W.M.P. Nos.20316 and 20339 of 2022
1.Mahalakshmi
2.Santhosh
3.Abirami ... Petitioners
vs
1.The District Collector,
O/o.Collector Office,
Ranipet District,
Ranipet.
2.The Revenue Divisional Officer (Sub Collector),
O/o.Revenue Divisional Office,
Ranipet District,
Ranipet.
3.The Tahsildar,
O/o.Tahsildar Office,
Kalavai Taluk,
Ranipet District.
4.The Revenue Inspector,
Kalavai Village,
Kalavai Taluk,
Ranipet District.
5.The Village Administrative Officer,
Kalavai Village,
Kalavai Taluk,
Ranipet District. ... Respondents
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.21308 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus calling for the records
pertaining to the impugned order against the first petitioner dated
07.05.2022 in Application No.TN-5202205071683; second petitioner
dated 07.05.2022 in Application No.TN-5202205072274 and 3rd
petitioner dated 07.05.2022 in Application No.TN-5202205072516
passed by the second respondent for rejecting the petitioner's online
applications and to quash the same and consequently direct the
second respondent to issue a Community Certificate as Hindu,
Kattunaickan Schedule Tribe Community to the petitioners based on
the online application dated 07.05.2022.
For Petitioners : Mr.G.Somasekar
For Respondents : Mr.V.Manoharan,
Additional Government Pleader
ORDER
[Order of this Court was delivered by T.RAJA, J.] This writ petition has been filed by the petitioners, challenging the rejection of Application Nos.TN-5202205071683, TN- 5202205072274 and TN-5202205072516 respectively dated 07.05.2022 issued by the Revenue Divisional Officer, Ranipet District, the second respondent herein and seeking a direction to the second respondent to issue them community certificate viz. Hindu Kattunaickan (ST).
2.When the matter is taken up for hearing, learned Additional Government Pleader appearing for the respondents, placing objection https://www.mhc.tn.gov.in/judis 2/6 W.P.No.21308 of 2022 with regard to the maintainability of the writ petition and urging this Court to dismiss this writ petition, submitted that since the effective statutory remedy is available to the petitioners before the District Collector, as per G.O. (Ms) No.147 Revenue [RA-3(2)] Department dated 17.03.2016, the petitioners have to work out their remedy by filing an Appeal before the District Collector in the manner known to law. Learned Additional Government Pleader also produced a copy of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 in the case of P.Siva vs. The Revenue Divisional Officer, Harur, Dharmapuri District, wherein we directed the petitioner therein to approach the District Collector, Dharmapuri District within two weeks, while observing that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector.
3.Learned counsel appearing for the petitioners submitted that since the petitioners are pursuing their respective studies, the community certificate is necessary for the purpose of Scholarship and other benefits.
4.Since the alternative and effective appeal remedy lies before the District Collector, we are not inclined to entertain this petition. If the petitioners aggrieved by the order passed by the Revenue https://www.mhc.tn.gov.in/judis 3/6 W.P.No.21308 of 2022 Divisional Officer, they can very well approach the Statutory Appellate Authority, namely, District Collector as per the G.O. (Ms.) No.147, Revenue [RA-3(2)] Department dated 17.03.2016, which says that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector.
5.It is made clear that if the petitioners file an appeal before the District Collector, the District Collector shall consider and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order, on merits and in accordance with law.
6.With the above observation and direction, this writ petition stands dismissed. Consequently, connected W.M.Ps are closed. No costs.
[T.R.,J.] [K.B.,J.]
18.08.2022
vga
Index: Yes/No
https://www.mhc.tn.gov.in/judis 4/6 W.P.No.21308 of 2022 To
1.The District Collector, O/o.Collector Office, Ranipet District, Ranipet.
2.The Revenue Divisional Officer (Sub Collector), O/o.Revenue Divisional Office, Ranipet District, Ranipet.
3.The Tahsildar, O/o.Tahsildar Office, Kalavai Taluk, Ranipet District.
4.The Revenue Inspector, Kalavai Village, Kalavai Taluk, Ranipet District.
5.The Village Administrative Officer, Kalavai Village, Kalavai Taluk, Ranipet District.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.21308 of 2022 T.RAJA,J.
and K.KUMARESH BABU,J.
vga W.P.No.21308 of 2022 18.08.2022 https://www.mhc.tn.gov.in/judis 6/6