Disposed

Kumaresan .N v. The District Collector

Madras HC31 Jan 2023WP(MD)/1749/2023

Case brief

AI extract

What is this about?

The petitioner challenged the delay in disposal of his appeal regarding a Kurumans Scheduled Tribe Community certificate. The Court directed the District Collector to dispose of the appeal on merits within twelve weeks.

What did the court decide?

The first respondent directed to dispose of the appeal dated 01.11.2017 on merits within twelve weeks from the date of receipt of a copy of this order.

Kumaresan .N Vs The District Collector — Pension and Retirement Benefits | Madras HC (2023)

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W.P.(MD) No.1749 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 31.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.1749 of 2023

N.Kumaresan

... Petitioner

Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

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2.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

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3.The Tahsildar, Kulathur Taluk, Pudukottai District.

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st respondent to dispose the appeal dated

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1749 of 2023

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01.11.2017 and consequently direct the 2^nd respondent to issue the Kurumans Schedule Tribe Community certificate to the petitioner.

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For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.P.T.Thiraviyam, Government Advocate

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O R D E R

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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This Writ Petition has been filed for issuance of a Writ of Mandamus,

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directing the 1^st respondent to dispose the appeal dated 01.11.2017 and consequently direct the 2^nd respondent to issue the Kurumans Schedule Tribe Community certificate to the petitioner.

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2. Heard Mr.P.Arun Jayatram, learned counsel for the petitioner and Mr.P.T.Thiraviyan, learned Government Advocate, who takes notice for the respondents.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1749 of 2023

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3 . By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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4. The learned counsel appearing for the petitioner submitted that the petitioner belongs to Kurumans Scheduled Tribe Community and he applied for Community Certificate to the 2^nd respondent on 17.08.2015 along with relevant enclosures. However, the said application was rejected by the 2^nd respondent on 03.09.2016, stating that no such Kurumans Schedule Tribe Community are living in the said village. Aggrieved over the same, the petitioner has filed an appeal dated 01.11.2017 before the 1^st respondent. The said appeal was pending before the 1^st respondent for more than five years. Hence, the petitioner has filed this Writ Petition.

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5. The learned Government Advocate appearing for the respondents submitted that the petitioner's appeal dated 01.11.2017 will be disposed of within a time frame.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1749 of 2023

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6. Considering the facts and circumstances of the case and also considering the fact that the petitioner's appeal is pending for more than five years, we direct the first respondent viz., the District Collector, Pudukkottai to dispose of the petitioner's appeal dated 01.11.2017, on its own merits and in accordance with law, as early as possible, preferably, within a period of twelve [12] weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the copy of the said appeal along with the copy of this order to the first respondent.

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7 . With the above direction, this Writ petition is disposed of. No costs.

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[D.K.K., J.] [R.V., J.] 31.01.2023 NCC : Yes / No Index : Yes / No vsm

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_____________ Page 4 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1749 of 2023

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1.The District Collector, Pudukkottai District, Pudukkottai.

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2.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

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3.The Tahsildar, Kulathur Taluk, Pudukottai District.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1749 of 2023

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D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.

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vsm

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W.P.(MD)No.1749 of 2023

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31.01.2023

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_____________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

Kumaresan .N v. The District Collector

Case brief

What is this about?

What did the court decide?

Kumaresan .N v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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