In this writ petition, the petitioner sought a mandate for the issuance of Community Certificates to his sons. The direct writ for certificate issuance was not granted in favor of Mandamus.
The petitioner was directed to submit relevant documents for considering a fresh representation, which the second respondent must consider within two months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2016 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR AND
THE HON'BLE MR.JUSTICE S.S.SUNDAR
W.P.(MD)No.20925 of 2014
Marimuthu
.. Petitioner
Vs.
1.The District Collector and the Chariman, District Level Vigilance Committee, Pudukkottai District Collectorate, Pudukkottai.
2.The Tahsildar, Illupur Taluk, Pudukkottai District. .. Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the 2nd respondent to issue the Community Certificate to the petitioner's sons Manibharathi and Nateshkumar as 'Hindu Kuravan' Scheduled Caste Community in accordance with law at once on the basis of the petitioner's representation dated 05.07.2014.
For petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.S.Kumar Additional Government Pleader
O R D E R
(The order of the Court was made by S.S.SUNDAR, J.)
Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Government Pleader appearing on behalf of the respondents.
2.This writ petition has been filed for issuance of writ of Mandamus directing the second respondent, Tahsildar, to issue Community Certificates to the petitioner's sons one Manibharathi and Nateshkumar as 'Hindu Kuravan' Scheduled Caste Community in accordance with law at once on the basis of the petitioner's representation dated 05.07.2014.
3.The petitioner relied upon the certificate issued to the petitioner's sister stating that she belongs to 'Hindu Kuravan Community'. He has also relied upon the Community Certificate https://hcservices.ecourts.gov.in/hcservices/ issued to him, the transfer certificate issued to the petitioner's sons stating that they belong to 'Hindu Kuravan Community'.
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4.Considering the nature of the relief, we feel that Mandamus cannot be issued, however, we are inclined to give a direction to the second respondent to consider the representation of the petitioner, dated 29.09.2015, in accordance with law and on the basis of the materials submitted by the petitioner along with Government Orders issued from time to time, within a period of two months from the date of receipt of a copy of this order. The petitioner is also directed to place relevant documents for considering his representation.
/True copy/
Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.
rj2
To
1.The District Collector and the Chariman, District Level Vigilance Committee, Pudukkottai District Collectorate, Pudukkottai.
2.The Tahsildar, Illupur Taluk, Pudukkottai District.
+1 cc to Mr.P.Ganapathi Subramanian, Advocate, SR No.21641
+1 cc to Special Government Pleader, SR No.21420
RG.NGM-SS/ 06.05.2016 2P.5C
Order made in W.P.(MD)No.20925 of 2014 15.04.2016
2 issues framed by the court
Whether a writ of Mandamus can be issued to direct the release of Community Certificates to the petitioner's sons.
Whether the petitioner was entitled to the direction to consider a fresh representation.
1 provisions across 1 enactments
Marimuthu
The District Collector and the Chairman, District Level Vigilance Committee
The Tahsildar
S.Vasudevan
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
