Dismissed

B.Balambal v. The Secretary Department of Revenue

Madras HC3 Feb 2021WP/1720/2021

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Writ Petition filed under Article 226 seeking a direction to issue a fresh Residence/Nativity Certificate. The Court held that the petitioner has an alternative remedy under law to challenge the impugned order rejecting the application and disposed of the petition with liberty to approach the appropriate forum. The judgment contains no first principles discussion

What did the court decide?

Writ Petition dismissed. Liberty granted to challenge the order dated 01.02.2021 rejecting the representation regarding issuance of Residence/Nativity Certificate.

B.Balambal Vs The Secretary Department of Revenue — Service and Employment | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 03.02.2021

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

¶5

W.P. No.1720 of 2021

¶6

B.Balambal ... Petitioner
Vs
1. The Secretary,
Department of Revenue and Disaster Management,
Government of Puducherry,
Puducherry.
2. The Director,
Directorate of School Education,
Government of Puducherry,
Puducherry.
3. The Tahsildar,
Taluk Office, Karaikal ... Respondents

¶7

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the third respondent to consider petitioner's representation dated 09.01.2021 given to the third respondent herein for reconsidering petitioner's residential status and issue a fresh Residence / nativity Certificate to the petitioner as resident of Puducherry.

¶8

For petitioner ... Mr.A.Tamilvanan
For respondents ... Mr.A.V.Ramalingam,
Addl.Govt.Pleader (Pondy)
ORDER

¶9

This Writ Petition has been filed for a mandamus seeking for a direction to the third respondent to consider the petitioner's representation dated 09.01.2021 seeking for issuance of fresh Residence / Nativity Certificate in her name.

¶10

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

¶11

Heard Mr.A.Tamilvanan, learned counsel for the petitioner and Mr.A.V.Ramalingam, learned Additional Government Pleader (Pondy) for the respondents.

¶12

On instructions, the learned Additional Government Pleader (Pondy) would submit that on 01.02.2021, final order was passed rejecting the petitioner's representation dated 09.01.2021 seeking for issuance of fresh Residence / Nativity Certificate on the ground that the petitioner has ceased to be a resident of Puducherry.

¶13

Hence, this Court is of the considered view that the only remedy available to the petitioner is to challenge the order dated 01.02.2021 passed by the third respondent in accordance with law.

¶14

Recording the submissions made by the learned Additional Government Pleader (Pondy) appearing for the respondents, the Writ Petition is disposed of. However, liberty is granted to the petitioner to challenge the order dated 01.02.2021 passed by the third respondent rejecting the petitioner' representation dated 09.01.2021 seeking for issuance of fresh Residence / Nativity Certificate in accordance with law. No costs. Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn To 1. The Secretary, Department of Revenue and Disaster Management, Government of Puducherry, Puducherry. 2. The Director, Directorate of School Education, Government of Puducherry, Puducherry.

¶15

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

¶16

The Tahsildar, Taluk Office, Karaikal.

¶17

+1cc to the Government Pleader Sr.5701

¶18

W.P. No.1720 of 2021

¶19

nrl[co] srg 24/02/2021

¶20

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

B.Balambal v. The Secretary Department of Revenue

Case brief

What is this about?

What did the court decide?

B.Balambal v. The Secretary Department of Revenue

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Sathya Vs The District Collector

R.Arunachalam Vs The District Collector

M/s.Hyundai Steel Pipe India Pvt. Ltd. Vs The Chairman

M.Karunanidhi Vs The State of Tamil Nadu

M/s. Akr Impex Private Limited Vs The Zonal Director general of Foreign Trade

M/s.Zoom International Vs The Zonal Director General of Foreign Trade