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S Nagarathna vs The Tahsildar And Others

Madras High Court|16 November, 2017
|

JUDGMENT / ORDER

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.29302 of 2017 S.Nagarathna ... Petitioner versus
1. The Tahsildar, Chengam Taluk, Thiruvannamalai District.
2. The Revenue Divisional Officer, Thiruvannamalai District.
3. The Block Development Officer, Chengam, Thiruvannamalai District.
4. The Secretary to Government, Tamil Nadu Government, Rural Development and Panchayat Raj, Secretariat, Fort. St. George, Chennai 600 009. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the Revenue Divisional Officer, Thiruvannamalai District, arraigned as second respondent to pass his orders and dispose expeditiously the petitioner's appeal papers filed on 07.07.2017 and on 16.07.2017, as against the order of Tahsildar Chengam Taluk, passed in his reference K.No.E2/15844/2016, dated 09.06.2017.
For Petitioner : No appearance For 1st Respondent : Mr.M.Elumalai, Government Advocate ORDER (Order of the Court was made by S.MANIKUMAR, J.) No representation for the petitioner. However, considering the prayer sought for, we directed Mr.M.Elumalai, learned Government Advocate, to take notice and get instructions.
2. Material on record discloses that claiming herself to be a Scheduled Caste, the petitioner has filed an application, dated 27.09.2016, to the Tahsildar, to issue community status certificate. On enquiry, the Tahsildar Chengam Taluk, vide proceedings in K.No.E2/15844/2016, dated 09.06.2017, has rejected the said request. Being aggrieved by the same, the petitioner has filed an appeal on 07.07.2017. The said appeal remains unanswered. Hence, through a lawyer, the petitioner has sent a letter, dated 18.09.2017 to the Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai, 2nd respondent herein, to pass orders on the appeal. As her appeal has not been disposed of, contending inter alia that there is no alternative remedy, the petitioner has filed the present writ petition, for a Mandamus, directing the Revenue Divisional Officer, Thiruvannamalai District, second respondent herein, to pass orders and dispose expeditiously her appeal papers, filed on 07.07.2017 and on 16.07.2017, as against the order of Tahsildar, Chengam Taluk, passed in his reference K.No.E2/15844/2016, dated 09.06.2017.
3. On instructions, Mr.M.Elumalai, learned Government Advocate submitted that the appeal, dated 07.07.2017, filed before the Revenue Divisional Officer, Thiruvannamalai District, second respondent herein, is yet to be disposed of. He further submitted that within four weeks, the said appeal would be disposed of.
4. Placing on record, the above submissions, Revenue Divisional Officer, Thiruvannamalai District, second respondent herein, is directed to dispose of the appeal, dated 07.07.2017, after giving an opportunity to the petitioner, as per the procedure followed, within a period of four weeks from the date of receipt of a copy of this order.
S. MANIKUMAR, J.
AND R.SURESH KUMAR, J.
skm
5. In view of the above direction, the Writ Petition is disposed of. No costs.
skm To
1. The Tahsildar, Chengam Taluk, Thiruvannamalai District.
2. The Revenue Divisional Officer, Thiruvannamalai District.
3. The Block Development Officer, Chengam, Thiruvannamalai District.
4. The Secretary to Government, Tamil Nadu Government, Rural Development and Panchayat Raj, Secretariat, Fort. St. George, Chennai 600 009.
(S.M.K., J.) (R.S.K., J.) 16.11.2017 W.P.No.29302 of 2017
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Title

S Nagarathna vs The Tahsildar And Others

Court

Madras High Court

JudgmentDate
16 November, 2017
Judges
  • S Manikumar
  • R Suresh Kumar