Remanded

A.Venkatesan v. The Revenue Divisional Officer

Madras HC26 Apr 2022WP/10239/2022

Case brief

AI extract

What is this about?

Writ Petition seeking mandamus to issue a Community Certificate to the petitioner's daughter pending ongoing administrative enquiry. The High Court allowed the petition by granting relief and time to the respondent to complete the procedure and issue the certificate.

What did the court decide?

Eight weeks time granted to the respondent to complete the enquiry and issue a suitable Community Certificate to the petitioner's daughter.

A.Venkatesan Vs The Revenue Divisional Officer — Pension and Retirement Benefits | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.04.2022

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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and

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.10239 of 2022

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A.Venkatesan ... Petitioner

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-vs-

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The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District. ... Respondent

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Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondent to consider the application dated 19.03.2022 and to issue Community Certificate to the petitioner's daughter V.Keerthihasini that she belongs to Kurumans (ST) Community based upon the community certificate already issued to the petitioner and his family members.

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For Petitioner : Mr.S.Doraisamy

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For Respondent : Mr.K.V.Sajeev Kumar, Spl.G.P.

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ORDER

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(Order of the Court was made by T.RAJA, J.)

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This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent to consider the application dated 19.03.2022 of the petitioner seeking to issue Community Certificate to his daughter, namely, V.Keerthihasini that she belongs to Kurumans (Scheduled Tribe) Community based upon all other Community Certificates already issued to the petitioner and his family members.

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Learned Counsel appearing for the petitioner submitted that the petitioner and his family members are all belonging to Kurumans Community which is classified as Scheduled Tribe Community. In support of the said contention, he has also

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

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produced the Community Certificates of the petitioner's father S.Arumugam and his sister A.Deviga and his elder daughter V.Shadhiya issued by the Revenue Divisional Officer, Tiruvannamalai, the respondent herein, certifying them as Hindu Kurmans to show that the entire family belong to Hindu Kumans Community. With all these certificates, the petitioner herein has applied for issuance of a Community Certificate to his second daughter, namely, V.Keerthihasini. But till date, no action appears to have been taken by the respondent. Therefore, the petitioner has been advised to come to this Court with the present Writ Petition.

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Mr.K.V.Sajeevkumar, learned Special Government Pleader who takes notice for the respondent submitted that the petitioner has given a representation dated 19.03.2022. However, objecting the same, learned Counsel for the petitioner submitted that initially, a representation was given on 20.07.2020 by the petitioner's father to issue a Community Certificate to the petitioner's daughter. Since there was no response for the same, the petitioner has given a representation dated 19.03.2022.

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Learned Special Government Pleader further submitted that however, on the basis of the representation dated 19.03.2022 given by the petitioner to the respondent herein, immediate action has been taken calling upon the Tahsildar, Tiruvannamalai to conduct an enquiry and issue a suitable certificate. Therefore, when action has already been initiated on the basis of the representation of the petitioner dated 19.03.2022, if eight more weeks time is granted, the grievance of the petitioner would be redressed, he pleaded.

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We also find some merits on the submissions of the learned Special Government Pleader for the respondent. When the petitioner's father has made a representation dated 20.07.2020 followed by representation of the petitioner dated 19.03.2022 along with the Community Certificates of his family members, based on the same, the Revenue Divisional Officer, Tiruvannamalai, has already instructed the Tahsildar, Tiruvannamalai to hold enquiry on the basis of the Community Certificates issued to the petitioner's family members and do the needful for issuance of a Community Certificate to his second daughter V.Keerthihasini. Since an enquiry has already been initiated as pleaded by the learned Special Government Pleader, on completion of the enquiry, we hereby grant eight weeks time to issue a suitable Community Certificate to the petitioner's daughter, namely, V.Keerthihasini.

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

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With the above observation and direction, the present Writ Petition is disposed of. No costs.

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SD/ASSISTANT REGISTRAR

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// TRUE COPY //

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SUB ASSISTANT REGISTRAR

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tsi

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The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

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+1cc to M/s.S.Doraisamy, Advocate Sr.28723 +1cc to the Government Pleader Sr.28921

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W.P.No.10239 of 2022

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sr-II[co] srg 17/05/2022

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

A.Venkatesan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

A.Venkatesan v. The Revenue Divisional Officer

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

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