IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 29.06.2017 CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.15337 of 2017 Minor Kamal Haasan Represented by his father and natural guardian, A.Muthu 24/42, Vellai Pillayar Kovil Street Hospital Road, Thirukovilur - 650 757. ...Petitioner vs.
The Revenue Divisional Officer Thirukovilur Taluk 650 757, Villupuram District. ..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent herein to confirm the status of the petitioner herein as the member of (Hindu-Kaatunaicken) Schedule Tribe Community and issue his community certificate and for consequential orders.
For Petitioner : Mr.V.Raghavachari For Respondent : Mr.K.Dhananjeyan Special Government Pleader
O R D E R
K.K. SASIDHARAN,J.
The petitioner submitted application before the Revenue Divisional Officer, Villupuram requesting to issue Community Certificate to his children indicating that they belong to "Hindu-Kaatunaicken", which is a notified Scheduled Tribe Community. Since follow up action was not taken by the Revenue Divisional Officer, the petitioner was constrained to file this writ petition.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader on behalf of the respondent.
3. The application of the petitioner was received by the respondent on 22 May 2016. The respondent appears to have not taken any action thereafter, either to issue a Certificate or to reject the application on merits. We are therefore, of the view that the issue requires consideration by the respondent.
4. The Revenue Divisional Officer, Villupuram, the respondent herein is directed to consider and dispose of the application submitted by the petitioner for Community Certificate on merits and as per law. Such exercise shall be completed on or before 16 July 2017.
5. We make it clear that this direction is issued on account of the pendency of the application since long and it should not be construed to be an expression of opinion on the merits of the matter. In short, the application, should be decided in accordance with law and in the light of the settled legal principles in the matter governing the issuance of Scheduled Tribe Certificate.
gms (K.K.SASIDHARAN.,J.) (M.DHANDAPANI.,J.) 29 June 2017 To The Revenue Divisional Officer Thirukovilur Taluk 650 757, Villupuram District.
K.K.SASIDHARAN, J.
and M.DHANDAPANI, J.
gms/dna
W.P.No.15337 of 2017
29.06.2017