1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12853 of 2011 1.M.Vinothini, W/o.S.K.Sangarakumar 2.J.M.Subashini, W/o.Vivek :Petitioner -Vs- 1.The Revenue Divisional Officer, Tuticorin. 2.The Tahsildar, Tuticorin Taluk, Tuticorin. :Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to issue community certificate to the petitioners as they belong to Hindu Malaikuravan Community, recognized as a Scheduled Tribe appearing at Sl.No.23 as per G.O.Ms.No.1773, Social Welfare Department, dated 23.06.1984, pursuant to the Schedule Caste and Scheduled Tribe Orders (Amendment) Act 1976, by considering the application of the petitioners dated 12.06.2006 and the report of the 2nd respondent, dated 01.08.2008. For Petitioners :Mr.S.Subbiah For Respondents 1 and 2:Mr.R.Anandharaj,Government Advocate. ORDER [Order of the Court was made BY K.N.BASHA, J] Mr.R.Anandharaj, learned Government Advocate, takes notice for respondents 1 and 2. By mutual consent of the counsel on either side, the main writ petition itself is taken up for final hearing at the time of admission itself. 2.The petitioners have come forward with this petition seeking for a direction to the 1st respondent to issue community certificate to the petitioners as they belong to Hindu Malaikuravan Community, recognized as a Scheduled Tribe appearing at Sl.No.23 as per G.O.Ms.No.1773, Social Welfare Department, dated 23.06.1984, pursuant to the Schedule Caste and Scheduled Tribe Orders (Amendment) Act 1976, by considering the application of the petitioners, dated 12.06.2006, and the report of the 2nd respondent, dated 01.08.2008. 3.Mr.S.Subbiah, learned counsel for the petitioner, would submit that the petitioners have submitted an application as early as on 12.06.2006 seeking issuance of community certificates to the effect that they belong to Hindu Malaikuravan Community, recognized as a Scheduled Tribe, appearing at Sl.No.23 as per G.O.Ms.No.1773, Social Welfare Department, dated 23.06.1984. It is contended that the 2nd https://hcservices.ecourts.gov.in/hcservices/ 2 respondent - Tahsildar of Tuticorin Taluk has already sent a report to the 1st respondent as early as on 01.08.2008 and inspite of the same, no action was taken for issuing community certificate and as such the petitioners have been constrained to approach this Court with this petition with the aforesaid prayer. 4.Heard the learned Government Advocate on the submissions made by the learned counsel for the petitioners. 5.The grievance of the petitioners is that their application, dated 12.06.2006, is yet to be considered by the 1st respondent and as such they have come forward with this petition. Considering the submissions made by the learned counsel for the petitioners and perusing the materials available on record, without going into the merits and claim of the petitioners as per their application, dated 12.06.2006, this Court is constrained to direct the 1st respondent to consider the application of the petitioners, dated 12.06.2006, in the light of the report submitted by the 2nd respondent, dated 01.08.2008 and in the light of G.O.Ms.No.1773, Social Welfare Department, dated 23.06.1984, and also by affording an opportunity to the petitioners and pass orders on merits and in accordance with law, 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 stands disposed of. No costs. Sd/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar To: 1.The Revenue Divisional Officer, Tuticorin. 2.The Tahsildar, Tuticorin Taluk, Tuticorin. +1CC to The Special Government Pleader. SR.No.39657. Gb RP/23.11.2011/2P/4C. ORDER IN WP(MD)No.12853 of 2011 Dated:11.11.2011 https://hcservices.ecourts.gov.in/hcservices/