Allowed

Minor R.Gaberiyel v. The Tahsildar

Madras HC20 Nov 2018WP/29147/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a community certificate as Hindu Adi Dravida under Article 226. The Court set aside the respondent's order rejecting the application due to non-affording of opportunity to the petitioner's father and a disputed ground. It directed the petitioner to approach the Revenue Divisional Officer.

What did the court decide?

The order of the respondent dated 05.10.2018 stood set aside and liberty was granted to approach the Revenue Divisional Officer. No costs.

Minor R.Gaberiyel Vs The Tahsildar — Madras HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.11.2018

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Coram

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The Hon'ble Mr. Justice M.M.SUNDRESH and

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The Hon'ble Mr. Justice KRISHNAN RAMASAMY

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W.P.No.29147 of 2018

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Minor R.Gaberiyel rep. by Guardian/Father G.Raghuvaran .. Petitioner Vs

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The Tahsildar, Mylapore - Triplicane Taluk, Greenways Road, Chennai.

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.. Respondent

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Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to quash the impugned order passed by the respondent in Letter No.B5/5106/2018 dated 05.10.2018 and consequently direct the respondent to issue community certificate for the minor petitioner as Hindu Adi Dravida (SC).

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For Petitioner .. Mr.N.E.A.Dinesh

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For Respondent .. Ms.Thangavadhana Balakrishnan, Addl. Govt. Pleader

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ORDER

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(Order of the Court was made by M.M.SUNDRESH, J.)

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Challenging the order of the respondent dated 05.10.2018 and for a consequential direction to issue community certificate to the effect that the petitioner belongs to Scheduled Caste - Adi Dravida community, the present writ petition has been filed.

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2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the

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https://hcservices.ecourts.gov.in/hcservices/

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respondent.

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3.The impugned order has been passed obviously without affording an opportunity to the minor petitioner's father. By the aforesaid order, the request for issuance of community certificate was rejected on the ground that Christianity is being followed.

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4.The petitioner has sought for community certificate as Scheduled Caste - Adi Dravida. Learned Additional Government Pleader would submit that the competent authority to issue such certificate is the Revenue Divisional Officer.

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5.In such view of the matter, we are inclined to set aside the order of the respondent. Accordingly, the order of the respondent dated 05.10.2018 stands set aside and the writ petition stands accordingly allowed, giving liberty to the petitioner to approach the Revenue Divisional Officer. No costs.

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Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
mmi
To
1. The Tahsildar,
Mylapore - Triplicane Taluk,
Greenways Road, Chennai.
2. The Revenue Divisional Officer, Chennai

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+1cc to Mr.V.Nicholas, Advocate SR.No.78933

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+1cc to Government Pleader SR.No.79536

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W.P.No.29147 of 2018 SAI(CO) GMY(13/12/2018)

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https://hcservices.ecourts.gov.in/hcservices/

Minor R.Gaberiyel v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Minor R.Gaberiyel v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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