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2025 DAILYLAW 48351 (MAD)

M.BHUVANESHWARI v. THE PRINCIPAL CHIEF SECRETARY

WP/17752/2025 · 2025-06-02

J Nisha Banu, M Jothiraman

Transfer Petitionbody2025

Judgment text

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WP.No.17752 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2025 CORAM THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN WP.No.17752 of 2025 M.Bhuvaneshwari, W/o Vajravel No.5/116A, Masilapalayam & Post, Mettur Taluk, Salem District - 636 452 ...Petitioner Vs. 1. The Principal Chief Secretary, Revenue Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009. 2. The Sub-Collector, Office of the District Collector, Mettur, Salem - 636 401 3. The Tahsildhar, Mettur. 4. The Revenue Divisional Officer, Erode, Erode District. (R3 suo motu impleaded as per order of this Court dt.02.06.2025 made by JNBJ & MJRJ) ... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India https://www.mhc.tn.gov.in/judis WP.No.17752 of 2025 seeking to issue a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 24.11.2025 and consequently direct the 2nd respondent to issue community certificate as Hindu- Malayali Pazhangudiyinar (ST). For Petitioner : Mr.N.Krishnamoorthy For Respondents : Mr.Vadivel Deenadayalan, Additional Government Pleader ORDER (Order of the Court was delivered by J.Nisha Banu, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 24.11.2025 and consequently, direct the 2nd respondent to issue community certificate as Hindu-Malayali Pazhangudiyinar (ST). 2. The case of the petitioner is that the parents of the petitioner hail from Hindu Malayali Tribal Community. As the parents of the petitioner are illiterate, they have wrongly given the caste as Hindu-Chozhagar in school records and thus, her caste was wrongly recorded as "Tribal lHindu - Chozhagar" in the school register. Her parents, relatives, spouse and son all belong to the Tribal Hindu Malayali caste. When the petitioner applied https://www.mhc.tn.gov.in/judis WP.No.17752 of 2025 for community certificate, the Revenue Department informed the petitioner that it could not be issued as her school transfer certificate hold her caste as 'Hindu-Chozhagar'. Therefore, the petitioner made a representation to 1st to 3rd respondents on 24.11.2022 in this regard but no action was taken by the respondents till date. Hence, the present writ petition. 4. Learned Additional Government Pleader appearing for the respondents would state that it is the Revenue Divisional Officer, Erode who has to pass orders, as the petitioner has done her education in Erode. Learned counsel for the petitioner would state that the petitioner has already given representation to the Revenue Divisional Officer also. 5. Since the competent authority to consider the petitioner's representation is the Revenue Divisional Officer, Erode, Erode District, this Court suo motu impleads the said authority as the 4th respondent in this writ petition. Registry is directed to carry out necessary amendment in the cause title. 6. In view of the limited prayer sought for in this Writ petition and having regard to the submissions made on either side, the petitioner is https://www.mhc.tn.gov.in/judis WP.No.17752 of 2025 directed to give a fresh representation to the 4th respondent within a period of two weeks from the date of receipt of a copy of this order and the 4th respondent, in turn, shall consider the representation of the petitioner and pass appropriate orders on the same on merits and in accordance with law within a period of eight weeks thereafter. Accordingly, the Writ Petition is disposed of. No costs. [J.N.B.,J.] [M.J.R.,J.] 02.06.2025 vsi Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No To 1. The Principal Chief Secretary, Revenue Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009. 2. The Sub-Collector, Office of the District Collector, Mettur, Salem - 636 401 3. The Tahsildhar, Mettur. 4. The Revenue Divisional Officer, Erode, Erode District https://www.mhc.tn.gov.in/judis WP.No.17752 of 2025 J.NISHA BANU,J. AND M.JOTHIRAMAN,J. vsi WP.No.17752 of 2025 02.06.2025 https://www.mhc.tn.gov.in/judis