1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9163 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Vijayalakshmi : Petitioner Vs. 1.The Secretary to Government, Backward Welfare Department, Secretariat, Chennai-600 009. 2.The District Collector -cum- Chairman of District Vigilance Committee for verification of Community Certificate, Sivagangai District. 3.The Tahsildar, Taluk Office, Sivagangai Taluk, Sivagangai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the order in Na.Ka.P3/28888/2004, dated 08.03.2006 passed by the second respondent and quash the same as illegal. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. As against the order of the second respondent dated 08.03.2006, by which, the second respondent Committee has rejected the https://hcservices.ecourts.gov.in/hcservices/ 2 claim of the petitioner that she belongs to Hindu Devangar community, which is a backward class, an appeal lies to the first respondent, within 30 days, as it is stated in the impugned order itself. The case of the petitioner is that since she is from backward area, she was unable to file statutory appeal, within the time prescribed and hence, she has filed the present Writ Petition now. 3. Considering the facts and circumstances of the case, we are of the view that the petitioner must be given an opportunity to file statutory appeal. Accordingly, without expressing any opinion on the validity or otherwise of the impugned order, the Writ Petition stands disposed of permitting the petitioner to file statutory appeal before the first respondent. It is made clear that if such appeal is filed by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order, the first respondent shall receive the same and pass appropriate orders on merits and in accordance with law, without rejecting it on the ground of limitation. Consequently, the connected miscellaneous petitions are closed. No costs. SML Sd/- Assistant Registrar[AS] /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Backward Welfare Department, Secretariat, Chennai-600 009. 2.The District Collector -cum- Chairman of District Vigilance Committee for verification of Community Certificate, Sivagangai District. 3.The Tahsildar, Taluk Office, Sivagangai Taluk, Sivagangai District. +1 cc to Mr.R.Murugappan, Advocate SR.No.28048. Order made in W.P.(MD).No.9163 of 2011 Dated:16.08.2011 2P/5C RPB 25.08.2011 https://hcservices.ecourts.gov.in/hcservices/