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.7043 of 2017 Rajeswari ... Petitioner Vs.
The Revenue Divisional Officer Krishanagiri Krishnagiri District. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to issue Malayali ST Community Certificate to the petitioner's children namely
1.Jothi 2. Malar and 3.Rajkumar as "Malayali (ST) Community Certificate.
For Petitioner : Mr.K.Thiruvengadam For Respondent : Mr.K.Dhananjayan Special Government Pleader O R D E R K.K.SASIDHARAN,J.
The petitioner submitted application before the Revenue Divisional Officer, Krishnagiri, requesting to issue Community Certificates to his children by name Jothi, Malar and Rajkumar, indicating that they belong to "Malayali", which is a notified Schedule Tribe Community. The application was forwarded by the Revenue Divisional Officer to the Tahsildar, Uthangari on 16 January 2017. It is the grievance of the petitioner that follow up action was not taken by the Revenue Divisional Officer. The petitioner is therefore before this Court.
2. We have heard the learned counsel for the petitioner and the learned Special Government Pleader on behalf of the respondent.
3. The respondent is directed to consider and dispose of the application submitted by the petitioner for Community Certificates 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.
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 Krishanagiri Krishnagiri District.
K.K.SASIDHARAN.,J.
and M.V.MURALIDARAN.,J.
(svki) W.P.No.7043 of 2017 23.03.2017 http://www.judis.nic.in