IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.03.2017 CORAM THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN W.P.No.3786 of 2017 P.Sarathamani ... Petitioner Vs.
The Revenue Divisional Officer Dharmapuri. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to issue Community Certificate to the children viz.,1.C.Roshan Kumar and
2.C.Lakshan Kumar that they belong to Kurichchan (ST) community based upon the community certificate already issued to the family members of the petitioner.
For Petitioner : Mr.S.Doraisamy For Respondent : Mr.A.Kumar Special Government Pleader O R D E R K.K.SASIDHARAN,J.
The petitioner submitted application before the Revenue Divisional Officer, Dharmapuri, requesting to issue Community Certificates to her children indicating that they belong to "Kurichchan", which is a notified Schedule Tribe Community. The application was given way back on 23 November 2016. Since follow up action was not taken by the Revenue Divisional Officer, the petitioner is before this Court.
2. We have heard the learned counsel for the petitioner and the learned Additional Advocate General on behalf of the respondent.
3. We direct the Revenue Divisional Officer, Dharmapuri, 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 within a period of four months from the date of receipt of a copy of this order.
4. 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.
5. The writ petition is disposed of with the above direction. No costs.
svki To
(K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.)
23 March 2017
The Revenue Divisional Officer Dharmapuri.
K.K.SASIDHARAN.,J.
and M.V.MURALIDARAN.,J.
(svki) W.P.No.3786 of 2017 23.03.2017 http://www.judis.nic.in