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2014 DIGILAW 3447 (MAD)

B. Rajesh Kanna v. Revenue Divisional Officer

2014-09-18

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. Heard Mr. S. Doraisamy, learned counsel for the petitioner and Mr. T.N. Rajagopalan, learned Special Government Pleader appearing for the respondent. 2. The writ petition has been filed, seeking for a direction to the respondent to consider and pass orders on the application of the petitioner dated 26.05.2014 for the issuance of the community certificate to his children, namely, R.Jayashree and R.Padmashree that they belong to Kattunayakan (ST) Community based upon the community certificate already possessed by the petitioner. 3. The case of the petitioner is that he had already obtained Community Certificate from the respondent on 24.02.1993 itself after due verification of his status, that he belongs to Kattunayakan (ST) Community. The grievance of the petitioner in this case is that the application preferred before the respondent for issuance of Kattunayakan (ST) Community Certificate to his children named R.Jayashree and R.Padmashree has been kept pending for quite a long time without passing any order thereon. It is the stand of the petitioner that since he is in possession of a valid community certificate, his children are automatically entitled to get the same status / community certificate as per the ratio laid down by the Hon'ble Supreme Court in the case of State of Bihar vs. Sumit Anand, reported in (2005) 12 SCC 248 . 4. To the above claim, learned Special Government Pleader has fairly submitted that the respondent may be directed to dispose of the application submitted by the petitioner by granting reasonable time limit. 5. In the light of the above and also considering the fact the petitioner has come out with the limited prayer of mandamus to the respondent, without adverting into the merits of the case, the respondent herein is directed to consider the application of the petitioner dated 26.05.20014 on merits and in accordance with law and after affording an opportunity of hearing to the concerned parties, pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.