High Court dismissed Writ Petition directing Tahsildar to consider representation for new community certificate. Court granted liberty to file formal application within three months, clarifying no opinion expressed on merits.
Liberty granted to file application for Community Certificate to be disposed within three months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.04.2017 CORAM THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND
THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN
W.P.No.6466 of 2017
S.T.Kanchana ... Petitioner
Vs.
The Headquarters Deputy Tahsildar, Kaveripattinam Kaveripattinam Taluk 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 consider the petitioner's representation dated 18.11.2016 and take suitable legal action within the stipulated time to be fixed by this Court. For Petitioner : Mr.C.Munusamy
For Respondent : Mr.K.Thananjayan Special Government Pleader
O R D E R
K.K.SASIDHARAN,J.
The petitioner earlier made an application before the Headquarters Deputy Tahsildar, Kaveripattinam in the district of Krishnagiri, to issue Community Certificate. The Tahsildar issued a Community Certificate on 12 June 1992 indicating that the petitioner belongs to Chozhia Vellala Community, which is a Backward class. Subsequently, and more particularly, after marriage, the petitioner migrated to Salem. The petitioner obtained Community Certificate to her children during the years 2007 and 2012 indicating that they belong to Hindu Adi Dravidar Community.
2 issues framed by the court
Whether the writ court can direct the respondent to consider the petitioner's representation without a formal application.
Whether Liberty granted for filing application would imply expression of opinion on merits of surrendering community certificate.
1 provisions across 1 enactments
S.T.Kanchana
The Headquarters Deputy Tahsildar, Kaveripattinam
K.K.SASIDHARAN
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
