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2014 DIGILAW 4060 (MAD)

R. Rajamanickam v. Revenue Divisional Officer

2014-10-30

ARUNA JAGADEESAN, M.JAICHANDREN

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Judgment M. Jaichandren J. 1. Heard the learned counsels appearing for the parties concerned. 2. It has been stated that petitioner belongs to Kattunayakan community, which is a Scheduled Tribe community. The petitioner had preferred an application to the first respondent, on 20.8.2011, for the issuance of community certificates for his sons stating they belong to Kattunayakan Schedule Tribe community. The petitioner had enclosed the necessary documents to substantiate his claims. As no orders had been passed on the application of the petitioner, dated 20.8.2011, he had filed a writ petition before this Court, in W.P.No.8375 of 2014. This Court had passed an order, dated 21.3.2014, directing the first respondent to consider the application of the petitioner and to pass orders thereon, within a period of twelve weeks from the date of receipt of a copy of the said order. The first respondent had passed an order, dated 28.7.2014, rejecting the claim made by the petitioner. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that the impugned proceedings of the first respondent, dated 28.7.2014, may be set aside and the matter may be directed to be placed before the second respondent, for passing appropriate orders. 4. In view of the submissions made by the learned counsels appearing for the parties concerned, we are of the considered view that, in the given facts and circumstances, it would be appropriate to set aside the impugned proceedings of the first respondent, dated 28.7.2014, rejecting the claims made by the petitioner. Further, we find it appropriate to direct the first respondent to place the records relating to the impugned proceedings, dated 28.7.2014, before the State Level Scrutiny Committee, the second respondent herein, within a period of four weeks from the date of receipt of a copy of this order, for considering the claims made by the petitioner, afresh, by causing an enquiry. On receipt of the records, the second respondent is directed to consider the claim of the petitioner and pass appropriate orders thereon, without being influenced by the observations made by the first respondent, in her impugned proceedings, dated 28.7.2014, by following the procedures established by law, and by giving an opportunity of hearing to the petitioner, as expeditiously as possible, preferably, within a period of twelve weeks thereafter. The writ petition is disposed of accordingly. No costs.