Madras High CourtWP(MD)/20665/2013disposed of

R.Palani v. The Revenue Divisional Officer

2013-12-20Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2013 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Writ Petition (MD) Nos.20665 to 20667 of 2013 R.Palani ... Petitioner in WP(MD)No.20665/13 R.Raja ... Petitioner in WP(MD)No.20666/13 P.Paramasivam ...

Petitioner in WP(MD)No.20667/13 Vs.

The Revenue Divisional Officer, Madurai, Madurai District.

... Respondent in all W.Ps.

Prayer in W.P(MD)No.20665 of 2013: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to issue Hindu Malaivedan Community Certificate to the petitioner's children namely, P.Bharath and P.Vinod based on the petitioner's community certificate, dated 23.2.1989 and based on the enquiry conducted by the respondent herein on 09.08.2011 pursuant to the enquiry notice, dated 20.07.2011.

Prayer in W.P(MD)No.20666 of 2013: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to issue Hindu Malaivedan Community Certificate to the petitioner and his brothers namely, R.Alagar and R.Velmurugan based on the petitioners fathers community certificate, dated 15.7.1988 and based on the enquiry conducted by the respondent herein on 16.07.2012 pursuant to the enquiry notice, dated 20.07.2012. Prayer in W.P(MD)No.20667 of 2013: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to issue Hindu Malaivedan Community Certificate to the petitioner and his son namely P.Nagabharath based on the community certificate issued to petitioner's father namely, M.Perumal dated 15.07.1988 and based on the enquiry conducted by the respondent herein on 09.08.2011 pursuant to the enquiry notice dated 20.07.2011. For Petitioner : Mr.B.Swaminathan For Respondent : Mr.A.K.Baskarapandian, Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) Heard Mr.B.Swaminathan, learned counsel appearing for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

2.The present writ petitions have been filed for issuance of community certificate. We find that there is only one document viz., notice dated 20.07.2011 issued by the respondent annexed to the writ petition. Thereafter, the petitioners have not even made any request or representation for considering the claim for issuance of community certificate. Learned counsel appearing for the petitioners could have at least issued a notice to the authority calling upon him to conclude the proceedings. Without doing so, the petitioners have rushed to this Court. Therefore, we are not inclined to issue mandamus at this stage. However, we direct the petitioners to make a request to the respondent for issuance of community certificate as per procedure prescribed by law. 3.The writ petitions are disposed of in the above terms. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The Revenue Divisional Officer, Madurai, Madurai District.

+1cc to Special Govt.Pleader SR.No.64263 Writ Petition (MD) Nos.20665 to 20667 of 2013 20.12.2013 sms PA/20.01.2014/2P/3C https://hcservices.ecourts.gov.in/hcservices/