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2014 DIGILAW 2432 (MAD)

V. Shanmugavel v. Commissioner, O/o. The Most Backward & Denotified Class Welfare, Chennai

2014-08-06

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment : M. Jaichandren, J. 1. Heard Mr.F.X.Eugene, the learned counsel appearing on behalf of the petitioner, as well as Mr.B.Pugalenthi, the learned Special Government Pleader, appearing on behalf of the respondents. 2. This writ petition has been filed praying that this Court may be pleased to issue a writ of certiorarified mandamus to call for and quash the order, dated 17.07.2014, issued by the fourth respondent and to direct the fourth respondent, to issue community certificates to the petitioner's children, namely, Alexandar and Umalakshmi, based on the community certificate issued to the petitioner, by the fourth respondent, on 31.10.1989. 3. The learned counsel appearing on behalf of the petitioner had submitted that the fourth respondent had issued a community certificate, in favour of the petitioner, dated 31.10.1989, stating that he belongs to "Hindu Isai Vellalar" community. However, the fourth respondent had passed the impugned order, dated 17.07.2014, rejecting the request of the petitioner stating that the children of the petitioner belong to "Hindu Vellalar" community, in spite of the observation made by a Division Bench of this Court, in W.P.(MD) No.19360 of 2013, dated 18.06.2014. The learned counsel appearing on behalf of the petitioner had further submitted that, in the school certificates of the petitioner and his children, their community has been entered as "Hindu Isai Vellalar" community. In such circumstances, it would not be open to the fourth respondent to reject the request of the petitioner for the issuance of the community certificates stating that they belong to "Hindu Isai Vellalar" community. 4. The learned Special Government Pleader appearing on behalf of the respondents had submitted that there are doubts, with regard to the community status of the petitioner and therefore, an enquiry had been ordered, by the fourth respondent, by his proceedings, dated 21.07.2014. In spite of notices having been sent to the petitioner, he has not participated in the enquiry. Therefore, the request of the petitioner for the issuance of the community certificates, in favour of his children, stating that they belong to "Hindu Isai Vellalar" community cannot be considered. 5. In spite of notices having been sent to the petitioner, he has not participated in the enquiry. Therefore, the request of the petitioner for the issuance of the community certificates, in favour of his children, stating that they belong to "Hindu Isai Vellalar" community cannot be considered. 5. In view of the submissions made by the learned counsel appearing on behalf of the petitioner and in view of the submissions made by the learned Special Government Pleader appearing on behalf of the respondents, we find it appropriate to direct the Revenue Divisional Officer, Tirunelveli District, the third respondent herein, to cause an enquiry and to pass appropriate orders, with regard to the community status of the petitioner and his children, as expeditiously as possible. The petitioner shall appear before the third respondent, on 11.08.2014, along with the relevant documents available with him to substantiate his claim that the petitioner and his children belong to "Hindu Isai Vellalar" community. The third respondent shall complete the enquiry and pass appropriate orders, with regard to the request of the petitioner, within a period of ten days thereafter. 6. The Writ Petition is disposed of, with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.