Judgments
Judgments
  1. Home
  2. /
  3. Madras High Court
  4. /
  5. 2017
  6. /
  7. January

Mettur Taluk Kolathur Block vs The Sub Collector

Madras High Court|06 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by C.T.SELVAM, J.] This writ petition seeks issuance of a Writ of Mandamus to respondent to issue community certificate to the 29 members of the petitioner-association to the effect that they belong to Konda Reddy community (Scheduled Tribe) pursuant to application/representation dated 25.4.2017 and 21.10.2017 submitted by the petitioner-association.
2. The case of the petitioner is that Konda Reddy community is one of the notified Scheduled Tribes under the Constitution Scheduled Tribes Order, 1950 and they are resident throughout Tamil Nadu. The members of the petitioner-association belong to the Konda Reddy community and some of them have got community certificates issued by the Tahsildar in earlier days. Most of them possess other documentary evidence in the form of sale deeds and community certificates of close relatives to substantiate their claim of belonging to the Konda Reddy community.
3. Learned counsel for petitioner submits that in various G.Os and orders of Government of Tamilnadu, particularly memo dated 29.7.1978, G.O.Ms.9 dated 3.1.1983 and G.O.Ms.No.1201 dated 31.1.1985, G.O.Ms.No.1139 dated 23.3.1992 and letter dated 21.8.1995, Government of Tamil Nadu has given specific guidelines to be followed by the Certificate issuing authorities. He further submits that this Court, under orders in W.P.No.2472 of 1994 dated 05.04.1994, has categorically found that members of the petitioner-association have got a right to get community certificates under the G.Os referred to above. He would submit that despite members of the petitioner-association satisfying all the required criteria in the form of school/college entries and producing community certificates of parents/close relatives, the respondent adopts a wholy rigid and unhelpful attitude of rejecting all claims on flimsy and extraneous reasons. Hence, the members of the petitioner-association made representations dated 25.4.2017 and 21.10.2017. Since no action was taken thereon, the petitioner-association has filed the present writ petition.
4. Mr.S.N.Parthasarathy, learned Government Advocate seeks time towards consideration of the representations.
5. Without going into the merits of the case and recording the above submission of learned Government Advocate, this writ petition is disposed of, with a direction to the respondent to consider the applications/representations dated 25.4.2017 and 21.10.2017 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions is closed.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Mettur Taluk Kolathur Block vs The Sub Collector

Court

Madras High Court

JudgmentDate
06 November, 2017