A writ petition challenging the rejection of a community certificate application is dismissed. The Court refused to entertain the plea because the petitioner's father had already filed a pending review petition against the original rejection order.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2016
CORAM
THE HONOURABLE MR. JUSTICE S.MANIKUMAR AND THE HONOURABLE MR. JUSTICE S.S.SUNDAR
W.P.(MD)No.7225 of 2016 and W.M.P.(MD).No.6122 of 2016
R.Balamurugan
.. Petitioner
Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, Dindigul District, Dindigul.
3.The Joint Secretary, Tamil Nadu Public Service Commission, No.1, Greams Road, Chennai -6. .. Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the 2nd respondent to dispose of petitioner's application submitted through the petitioner's father namely Raja based on the communication of the 2nd respondent, dated 01.11.2012 within a time frame.
For Petitioner ... Mr.B.Prahalad Ravi For respondents ... Mr.S.Kumar, 1 and 2 Addl. Government Pleader For 3rd Respondent ... Mr.D.Sivaraman
ORDER
( Order of the Court was made by S.S.SUNDAR, J)
This writ petition is filed for issuance of a Writ of Mandamus directing the second respondent to dispose of petitioner's application, submitted through his father by name Raja, based on the communication of the second respondent, dated 01.11.2012, within a time frame. https://hcservices.ecourts.gov.in/hcservices/ 2. It is the case of the petitioner that he belongs to Malaivedan community coming under the category of Scheduled
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Tribes, as per the Tamil Nadu Government list of communities. However, during the course of hearing, it is pointed out by the learned Additional Government Pleader that vide proceedings dated 22.03.2013, the Revenue Divisional Officer, Dindigul, after referring to the documents filed by the petitioner's father and the materials available on record, had rejected the representation of the petitioner's father stating that his request for issuing community certificate to his son viz., the petitioner herein, as he belongs to Malaivedan community, cannot be granted. It is reported that the petitioner's father had, thereafter, filed a Writ Petition in W.P.(MD).No.7610 of 2013 challenging the order that was passed on 22.03.2013 rejecting the request of the petitioner's father. Though the said writ petition was disposed of on 30.04.2013, it is represented that the petitioner's father has filed a review petition and the same is still pending.
3.In these circumstances, we do not inclined to entertain the writ petition and hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
sd/
Assistant Registrar(T&P)
/True copy/
Sub Assistant Registrar
To
Tamil Nadu Public Service Commission,
+1cc to Special Government Pleader in SR.No.22490 +1cc to Mr.B.Prahaladravi, Advocate in SR.No.22822 +One cc to Mr.D.Sivaraman, Advocate, SR.No.22118
SDR/JGP-DP/04.05.2016/2P/7C
W.P.(MD)No.7225 of 2016 20.04.2016
1 issue framed by the court
Whether the writ court should entertain a petition challenging rejection of a Valid community certificate request where an earlier writ petition regarding the same issue is pending review.
R. Balamurugan
The District Collector, Dindigul District
The Revenue Divisional Officer, Dindigul District
The Joint Secretary, Tamil Nadu Public Service Commission
S. Manikumar
S. S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
