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2014 DIGILAW 1052 (MAD)

Sankar v. District Collector, Theni

2014-05-21

N.KIRUBAKARAN, S.VAIDYANATHAN

body2014
Judgment : S. Vaidyanathan, J. 1. The petitioner has come forward with this writ petition seeking a direction to the second respondent to issue community certificate to the petitioner's son based on the community stated in the transfer certificate of his mother i.e. petitioner's wife. 2. The case of the petitioner is that the petitioner is an illiterate and he belong to Hindu Yogeeswarar Community. The said community is classified as Most Backward Community by the Government of Tamil Nadu and the same is stated in the list of Most Backward Communities under item No.41. The petitioner intended to admit his son in the school and since the petitioner belong to aforesaid community, he needs community certificate. The petitioner has not produced community certificate since the second respondent has verbally rejected to issue community certificate and since the petitioner is an illiterate, he is not in a position to produce the community certify of his wife, who is the mother. Therefore, the petitioner sent a representation dated 12.05.2014 and no action has been taken. Only 10 days are gone by and therefore, it would not be possible to them to take appropriate action on the representation dated 12.05.2014. 3. That apart, accepting the version of the petitioner that she belong to Hindu Yogeeswarar community, this Court cannot direct the authorities to issue the said community certificate to the petitioner's son. As the petitioner has intended to admit his son in the school in the academic year 2014-2015, this Court expects the concerned authority namely the Tahsildar the second respondent herein to enquire into the community of the petitioner and pass appropriate orders and in case, the petitioner belongs to the abovesaid community namely, Hindu Yogeeswar Community, the second respondent is directed to issue community certificate within a period of six weeks from today. 4. With the above direction, the writ petition is disposed of. No costs.