1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.5959 of 2011 E.Karuppuchamy : Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Revenue Divisional Officer, Madurai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to issue community certificate to the petitioner's children on his application dated 22.03.2011. For Petitioner : Mrs.J.Nisha Banu For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed for the issue of a Writ of Mandamus directing the respondents to issue community certificate to the petitioner's children based on his application dated 22.03.2011. 2. The case of the petitioner is that on 06.09.1986, he was issued with Community Certificate that he belongs to Malaivedan community. However, the District Collector, Madurai District, the first respondent herein, by order dated 25.07.1995, had cancelled the same. Challenging the said order dated 25.07.1995, the petitioner had filed W.P.No.2783 of 2004. The learned Single Judge of this Court, by order dated 24.07.2007, had set aside the said order of the first respondent and directed the first respondent to refer the correctness of the community certificate issued to the petitioner to the appropriate District High Level Caste Scrutiny Committee. 3. According to the learned counsel for the petitioner, subsequent to the above order, no such reference was made either to the District High Level Caste Scrutiny Committee or to any other Committees. According to the learned counsel for the petitioner, as per the said order dated 24.07.2007, till the community certificate issued to the petitioner as belonging to Malavedan community is cancelled, he is entitled to rely on the said community certificate for any future appointment. Now, the case of the petitioner is that he had applied for the issue of Community Certificate to his three children and no orders have been passed. Hence, the present Writ Petition is filed. 4. On notice, the learned Special Government Pleader appearing for the respondents has filed a counter affidavit. As per the stand taken in the https://hcservices.ecourts.gov.in/hcservices/ 2 counter affidavit, an order, rejecting the request of the petitioner, has been passed on 05.11.2009 by the Revenue Divisional Officer, Madurai. However, with regard to the serving of the said order, the learned counsel for the petitioner has raised a dispute and the official respondents also are not in a position to prove that such an order has been served on the petitioner. 5. Under such circumstances, we are of the considered opinion that ends of justice would be met, by directing the second respondent to conduct an enquiry and to examine the issue based on the application made by the petitioner dated 22.03.2011 seeking issuance of community certificate to his three children and pass orders. 6. In view of the above, the second respondent is directed to conduct an enquiry and to examine the issue based on the application made by the petitioner dated 22.03.2011 seeking issuance of community certificate to his three children and pass orders, after providing a reasonable opportunity to the petitioner and also after following the procedures issued in this regard, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that since it is the stand of the learned counsel for the petitioner that the order dated 05.11.2009, rejecting the claim of the petitioner is not communicated to him and the official respondents are also not in a position to prove the serving of the said order on the petitioner, the issue in question has to be decided without taking into account the order dated 05.11.2009. The Writ Petition is disposed of with the above direction. No costs. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The Revenue Divisional Officer, Madurai. +1. C.C to M/s. J.Nisha Banu, Advocate, SR.No. 19972 +1. C.C to the Special Government Pleader, SR.No. 20041 NB ORDER MADE IN W.P.(MD).No.5959 of 2011 24.06.2011 TR : 28.06.2011 : 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/