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P Selvan vs The Revenue Divisional Officer Dharmapuri Dharmapuri District

Madras High Court|20 March, 2017
|

JUDGMENT / ORDER

K.K.SASIDHARAN,J.
The petitioner submitted application before the Revenue Divisional Officer, Dharmapuri on 27 January 2016, requesting to issue Community Certificates to his children Thiru.Praveen Kumar and Thiru.Purusoth Kumar, indicating that they belong to "Kurichchan", which is a notified Schedule 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 typed set of papers contained a copy of the application dated 27 January 2016 submitted by the petitioner for Community Certificate. 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, Dharmapuri, the respondent herein is directed to consider and dispose of the application submitted by the petitioner, dated 27 January 2016 for Community Certificate on merits and as per law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
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.
svki To (K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 20th March 2017 The Revenue Divisional Officer Dharmapuri Dharmapuri District
K.K.SASIDHARAN.,J.
and
M.V.MURALIDARAN.,J.
(svki)
W.P.No.6743 of 2017
20.03.2017
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Title

P Selvan vs The Revenue Divisional Officer Dharmapuri Dharmapuri District

Court

Madras High Court

JudgmentDate
20 March, 2017
Judges
  • K K Sasidharan
  • M V Muralidaran