Ponniammal v. District Collector, Vellore District
2013-11-04
PUSHPA SATHYANARAYANA, R.SUDHAKAR
body2013
DigiLaw.ai
JUDGMENT R. SUDHAKAR, J. This writ petition is filed seeking issuance of a writ of Mandamus to direct the respondents to consider and pass orders on the application made by the petitioner on 22-7-2013 relating to issuance of a community certificate to the petitioner as she belongs to Hindu Adiyan community, which is recognized as a Scheduled Tribe as per the Schedule Castes and Schedule Tribes Orders (Amendment) Act, 1976 vide Serial No. 001, within a stipulated time. 2. The petitioner claims to be belonging to Hindu Adiyan Community, which is a recognized Scheduled Tribe community as per the Schedule Caste and Schedule Tribes Orders (Amedment) Act, 1976 vide Serial No. 001. She made an application on 22-7-2013 to the first respondent/District Collector seeking issuance of a community certificate. 3. The application of the petitioner for grant of community certificate was considered by the second respondent/Revenue Divisional Officer and he sent a circular in proceedings Na.Ka.Aa7/5367/2013, dated 26-7-2013 to the third respondent/Tahsildar to make an enquiry and give a report. As no order has been passed on the said application of the petitioner dated 22-7-2013 till date, the present writ petition has been filed for the relief stated supra. 4. Mr. S. P. Prabhakaran, learned Additional Government Pleader appearing for the respondents objects the letter of the second respondent/Revenue Divisional Officer dated 26-7-2013 on the basis of the Circular in Na.Ka.No.Va.Na.5(3)/2958/11 (Circular No. 1/2011), dated 21-1-2011 and states that the second respondent/Revenue Divisional Officer alone is the competent authority to make an enquiry before granting community certificate. 5. Considering the nature of the relief sought for, without going into the merits of the petitioner’s claim, this writ petition is disposed of by directing respondents 1 and 2 to consider the application of the petitioner dated 22-7-2013 on its own merits and in accordance with law, and pass appropriate orders after taking note of all the relevant materials that may be furnished by the petitioner, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. Order accordingly.