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Showing contexts for: THIRUVANNAMALAI in S.Panchatcharam vs The Revenue Divisional Officer on 24 July, 2017Matching Fragments
[Order of the Court was made by M.VENUGOPAL, J.] Heard both sides.
2. The Petitioner has filed the present Writ Petition praying for passing of an order by this Court in calling for the records relating to the order of rejection passed in proceedings in No.A2/8268/2015 dated 29.12.2015 on the file of the Respondent / Revenue Divisional Officer, Thiruvannamalai and to quash the same. Further, the Petitioner had prayed for issuance of direction to the Respondent to issue Community Certificate to the Petitioner, his wife Subha and two children viz., 1)P.Gopinath and 2)P.Dinesh Kumar that they belong to Kattunayakan (ST) Community.
17. Be that as it may, in view of the fact that the present Writ Petition viz., W.P.No.10816 of 2017 is filed by the Petitioner assailing the Impugned Order of the Respondent / Revenue Divisional Officer, Thiruvannamalai, dated 29.12.2015, rejecting his request for issuance of Community Certificate to him, his wife viz., Subha and his Wards and also this Court taking note of the tenor and spirit of the G.O.(Ms).No.235 Revenue [RA3(2)] Department dated 26.06.2015 and also looking into the contents of G.O.(Ms).No.147 Revenue [RA-3(2)] Department dated 17.03.2016, is of the considered view that the amended G.O.(Ms).No.147 Revenue [RA-3(2)] Department dated 17.03.2016 issued by the Secretary to Government of Tamilnadu provides for an 'Appeal' remedy to the District Collector (as an Appellate Authority) and thereafter, to the State Level Scrutiny Committee (For Redressal of Grievances) and therefore, in all Fairness, Equity and Fair play this Court, directs the Petitioner to prefer an Appeal before the District Collector, Thiruvannamalai, as against the impugned order of the Respondent dated 29.12.2015, within a period of two weeks from the date of receipt of a copy of this Order. Liberty is granted to the Petitioner to raise all factual and legal pleas by enclosing necessary documents to support his case before the Appellate Authority / District Collector, Thiruvannamalai. In such event of the Petitioner preferring an Appeal, (of course, well within the time adumbrated by this Court) it cannot be gainsaid that the Appellate Authority, viz., District Collector, Thiruvannamalai, is to provide an adequate opportunity of hearing to the Petitioner by adhering to the 'Principles of Natural Justice' in true letter and spirit.
18.That apart, in case, the Petitioner seeks time for filing of additional documents or to lead oral / documentary evidence, then, in that event, the Appellate Authority, viz., District Collector, Thiruvannamalai, shall provide enough opportunity to the Petitioner by keeping in mind the 'Principles of Natural Justice'. The District Collector, Thiruvannamalai / Appellate Authority, is directed to pass necessary orders on the 'Appeal', as expeditiously as possible, in an Unbiased, Free, Just, Fair, impartial and dispassionate manner of course, in the manner known to Law and in accordance with Law, in any event, not later than six weeks thereafter.
21. With the aforesaid observations the present Writ Petition stands disposed of. No costs.
[M.V.,J] [P.D.A.,J]
24.07.2017
Reasoned Order
Index :Yes / No
Internet :Yes / No
kal
To
1. The Revenue Divisional Officer,
Thiruvannamalai,
Thiruvannamalai District.
2. The District Collector, (Appellate Authority)
Thiruvannamalai.
3. The Registrar (Judicial)
(for favour of information and
necessary follow up action)
High Court, Madras
M.VENUGOPAL, J.
and
P.D.AUDIKESAVALU, J.
kal
24.07.2017