Solaimalai.M v. The Sub Divisional Magistrate Cum

ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of the Revenue Divisional Officer, Madurai, dated

03.11.2022, is under challenge in the Writ Proceedings.

¶2The said order is susceptible to an appeal before the District Collector concerned. In community certificate matters, exhausting the appellate remedy is of paramount importance, since an elaborate enquiry is to be conducted. Such a roving enquiry cannot be conducted by the High Court in a Writ Proceedings. Thus, the petitioner has to exhaust all the appellate remedies available before approaching the High Court under Article 226 of the Constitution of India.

¶3The petitioner at liberty to prefer an appeal within 15 days from today and with the said liberty, the Writ Petition is dismissed. The Registry is directed to return the original copy of the order to the learned counsel on record appearing on behalf of the petitioner after replacing it with a Xerox copy. No costs. (S.M.S., J.) & (V.L.N., J.)

19.12.2023

NCC : Yes / No Index : Yes / No SJ To The Sub Divisional Magistrate Cum Revenue Divisional Officer, Madurai District, Madurai.

S.M.SUBRAMANIAM, J. AND

V.LAKSHMINARAYANAN, J. SJ

19.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN M.Solaimalai ... Petitioner Vs. The Sub Divisional Magistrate Cum Revenue Divisional Officer, Madurai District, Madurai. ...Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders issued by the respondent vide her proceeding in Na.Ka.No. 4836/2023/F, dated 03.11.2023 and quash the same as illegal and consequently direct the Respondent to issue Hindu Malaivedan ST Community Certificate to the petitioner's minor daughters namely Bharathi, Nisha and Minor son Mohan within the time frame as fixed by this Court. For Petitioner : Mr.B.Prahalad Ravi For Respondent : Mr.M.Lingadurai Special Government Pleader