Disposed

Venkatesan v. The District Collector

Madras HC9 Sept 2021WP/18975/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by directing the District Collector to decide a pending appeal within three months. The petition concerned a rejection of a community certificate for an adopted son belonging to the Malai Kuruvar community. The Court issued specific procedural directions regarding hearings and communication.

What did the court decide?

A direction issued to the First Respondent to dispose of the pending appeal within three months after affording an opportunity of hearing.

Venkatesan Vs The District Collector — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.09.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN

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W.P.No.18975 of 2021

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Venkatesan ...Petitioner

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-vs-

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1.The District Collector, Kallakurichi District, Kallakurichi.

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2.The Revenue Divisional Officer, Kallakurichi District, Kallakurichi.

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3.The Tahsildhar,
 Sankarapuram Taluk,
 Kallakurichi District.

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 ...Respondents

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Prayer : Writ Petition filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of
Certiorarified Mandamus, directing the first respondent to
dispose of the appeal filed by the petitioner on 09.03.2021
against the order of the second respondent dated 05.03.2021 made
in Na.Ka.No.A7/6600/2018 rejecting an application to issue
Malaikuruvar Community Certificte for his adopted son
V.Sanjeevaraayan within a stipulated time framed by this
Honourable Court.

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For Respondents : Mr.K.V. Sanjeevkumar
Government Advocate

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O R D E R
(Order of this Court was made by S.VAIDYANATHAN, J)

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This Writ Petition has been filed to direct the First
Respondent to dispose of the Appeal filed by the petitioner on
09.03.2021 against the order of the second respondent dated
05.03.2021 made in Na.Ka.No.A7,6600,2018, rejecting an
application to issue Malaikuruvar Community Certificate for his
adopted son V. Sanjeevaraayan.

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

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2. Mr.K.V.Sanjeev Kumar, learned Government Advocate
takes notice for respondents. By consent, final orders are
passed in the Writ Petition at the admission stage.

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3. It is the case of the petitioner that he and his
predecessors belongs to Malai Kuruvar community and many
families of the said community are residing in Petitioner's
village. As the petitioner has not blessed with any child, he
adopted his sister's son by name Mr.V.Sanjeevaraayan and
educated him all along and now is working in Corite Factory,
Ooty. Since the Petitioner's son requires community certificate,
the petitioner made an application before the second respondent,
seeking to issue community certificate for his adopted son
Mr.Sanjeevaraayan. In pursuance of the said application, the
third respondent conducted enquiry and sent a report to the
second respondent recommending to issue community certificate,
by incorporation his community as Malaikuruvar community.
Despite the recommendation being made, the second respondent
rejected the application of the petitioner vide order dated
05.03.2021. Being aggrieved by the same, the petitioner made an
appeal before the first respondent on 09.03.2021. Since the same
was not disposed of till date, the petitioner has come forward
with the aforesaid relief.

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4. Considering the facts and circumstances of the case
and taking into account the fact that the Petitioner's Appeal
is already pending with the First Respondent, the Writ Petition
is disposed of with the following directions:

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i) A direction is issued to the First Respondent
concerned to consider the Appeal preferred by the petitioner
dated 09.03.2021, if not already disposed of, and pass
appropriate orders thereon, in accordance with law, after
affording an opportunity of hearing to the petitioner and other
persons, if any, who are likely to be affected, as expeditiously
as possible, preferably within a period of three months from the
date of receipt of a copy of this order;

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ii) In case the petitioner is unable to appear for
personal hearing either physically or virtually, the petitioner
is entitled to send a written submission within a period of one
month from the date of receipt of a copy of this order through
registered post or speed post and the same shall be treated as
personal hearing. It is made clear that the petitioner can avail
the opportunity of either personal hearing or filing written
submission and not both;

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iii) In case the petitioner fails to appear or file a
written submission in time, the First Respondent concerned shall
pass orders based on the available records and the petitioner,
cannot at a later point of time take a stand that opportunity of
being heard is not given to the petitioner;

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

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iv) The petitioner shall furnish Mobile Number, email ID,
if any, etc., along with a copy of the Appeal dated 09.03.2021
and this order, to the First Respondent concerned forthwith;

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v) The First Respondent is directed to communicate the

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decision taken on the Appeal, to the petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/registered post/speed post, so that there is no need for the petitioner to file contempt after expiry of the specified period. In case the authorities concerned fail to send communication to the petitioner, they will have to face the civil imprisonment in case of contempt proceedings. If they are unable to serve the order and the cover being returned un-served for one reason or the other, the same shall be kept in the file without opening it for the proof of delivery, so that the petitioner, later on, will not take a plea that the petitioner is not aware of the order. No costs.

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Sd/-

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Assistant Registrar (CO)

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// True Copy //

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Sub Assistant Registrar

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arr/shk

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To

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1.The District Collector, Kallakurichi District, kallakurichi.

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2.The Revenue Divisional Officer, Kallakurichi District, Kallakurichi.

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3.The Tahsildhar, Sankarapuram Taluk, Kallakurichi District.

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+1cc to M/s.C.Prabakaran, Advocate SR.No.45782

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+1cc to the Government Pleader SR.No.46516

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W.P.No.18975 of 2021

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KSM(CO)
RVM(29/09/2021)

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

Venkatesan v. The District Collector

Case brief

What is this about?

What did the court decide?

Venkatesan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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