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2014 DIGILAW 2004 (MAD)

S. Mariappan v. District Collector, Tirunelveli

2014-07-07

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment : R. Mahadevan, J. 1. This writ petition has been filed seeking a writ of Certiorarified Mandamus to call for the records relating to the second respondent's proceedings in No.A7/7329/2013, dated 31.05.2013 and the consequential order of the third respondent in Na.Ka.A9/7512/2014, dated 11.06.2014 and quash the same and direct the respondents to issue the Community Certificate to the petitioner's son, Muthukrishnan as belonging to Hindu Kadayan, within the stipulated time by this Court. 2. According to the petitioner, he is residing at Alangulam Taluk, Tirunelveli District and he applied for Community Certificate to his eldest son before the second respondent, who, in turn, rejected the claim of the petitioner stating that since the place of birth of the petitioner is Nanguneri, he has to approach the third respondent for his relief. Aggrieved over the same, the petitioner approached the first respondent who directed the second respondent to conduct proper enquiry on the application submitted by the petitioner and to take necessary action. Now, the grievance of the petitioner is that the application for Community Certificate to his second son, made before the second respondent, was also rejected on the ground that the third respondent is the competent authority in whose jurisdiction the petitioner resides. Thereafter, the petitioner approached the third respondent seeking similar relief, however, the third respondent also rejected it on the premise that the second respondent is the authority who has to consider the claim of the petitioner. Hence, the petitioner is before this Court for appropriate relief. 3. The learned Counsel for the petitioner submitted that the petitioner is driven from pillar to post for redressal of his grievance and hence, he sought for appropriate relief. 4. Whereas the learned Special Government Pleader appearing for the respondents, on instructions, submitted that the claim of the petitioner would be considered, if he makes appropriate application for issuance of Community Certificate before the second respondent and necessary orders would be passed in accordance with law. 5. We have considered the rival submissions and perused the materials available on record. 6. It is not in dispute that the petitioner resides within Alangulam Taluk, Tirunelveli District. The third respondent, in his impugned order, has categorically stated that since the place of residence of the petitioner is within Alangulam Taluk, it is appropriate for the petitioner to approach the second respondent for his relief. 7. 6. It is not in dispute that the petitioner resides within Alangulam Taluk, Tirunelveli District. The third respondent, in his impugned order, has categorically stated that since the place of residence of the petitioner is within Alangulam Taluk, it is appropriate for the petitioner to approach the second respondent for his relief. 7. We are of the considered view that it is for the petitioner to approach the second respondent for redressal of his grievance. 8. Considering the facts and circumstances of the case, the petitioner is permitted to make appropriate application before the second respondent, who is the competent authority, along with necessary documentary evidence in support of his claim for Community Certificate, forthwith and thereafter, the second respondent shall consider the same and pass appropriate orders for issuance of Community Certificate to the petitioner's son, as expeditiously as possible, preferably not later than a period of four weeks from the date of receipt of such application. The petitioner shall submit the said application along with the copy of this order. 9. Accordingly, this writ petition is disposed of as above. No costs.