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Madras High CourtCMA/66/2021partly allowed

Palanisamy v. Ashokkumar

2021-02-05Honourable Ms.Justice V.M.Velumani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.04.2021 Coram:

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Review Application No.66 of 2021 in W.P.No.8341 of 2019, Review Application No.64 of 2021 in W.P.No.7979 of 2019, Review Application No.65 of 2021 in W.P.No.8816 of 2019, Review Application No.67 of 2021 in W.P.No.8386 of 2019, Review Application No.73 of 2021 in W.P.No.8210 of 2019, Review Application No.74 of 2021 in W.P.No.8934 of 2019, Review Application No.75 of 2021 in W.P.No.8389 of 2019, Review Application No.68 of 2021 in W.P.No.8385 of 2019, Review Application No.69 of 2021 in W.P.No.8826 of 2019, Review Application No.70 of 2021 in W.P.No.7986 of 2019, Review Application No.71 of 2021 in W.P.No.8387 of 2019, Review Application No.72 of 2021 in W.P.No.8822 of 2019 and W.M.P.Nos.11178, 11173, 11182, 11199, 11202, 11206, 11189, 11192, 11196, 11197 and 11198 of 2021

1. The District Collector and Chairman, District Level Vigilance Committee, Salem District, Salem.

2. The Sub-Collector, Mettur Dam, Salem District. ..Review Applicants in all Review Appeals Vs.

1 N.R.MAHIZHAN S/o. N.G. Ramalingam 2 V.NAVANEETHA W/o. N.G. Ramalingam

...Respondents in Rev.A.No.66/2021

1 R.SANJAI ... Respondent in Rev.A. No. 64/2021 1 J.AMUTHAMANI 2 J.DEEPA 3 MINOR. R.THARUN VIJAY 4 MINOR R.GOWDHAM VIJAY

...Respondents 1 to 4 in

Rev.A. No. 65/2021 & Petitioner in WP No.8816 of 2019 1 C.GOVINDARAJU ... Respondent in Rev.A. No. 67/2021 & Petitioner in WP No.8386 of 2019

1 S.PRAVEEN 2 S.NITHYA

...Respondents 1 & 2 in Rev.A.No.73/2021

& Petitioner in WP No.8210 of 2019 1 P.S.PRABHAKARAN ...Respondent in Rev.A.No.74/2021 & Petitioner in WP No.8934 of 2019 1 N.KOUSHIKA 2 N.KEERTHIKA ... Respondents 1 & 2 in Rev.A. No.

75/2021 & Petitioner in WP No.8389 of 2019 1 R.SELVARAJ ... Respondent in Rev.A.No.68/2021 & Petitioner in WP No.8385 of 2019 1 R.KALAISELVI 2 R.THAMARAISELVAN

...Respondent 1 & 2 in Rev.A.No.69/2021

& Petitioner in WP No.8826 of 2019 1 N.DAKSHINAMOORTHY ... Respondent in Rev.A.No.70/2021 & Petitioner in WP No.7986 of 2019 1 P.SIVAKUMAR 2 P.ABINAYA

...Respondents 1 & 2 in Rev.A.No.71/2021

& Petitioner in WP No.8387 of 2019 1 S.ARUNKUMAR 2 A.SARANYA 3 MINOR. NAVANEETH ARJUN

...Respondents 1 to 3 in

Rev.A.No.72/2021 & Petitioner in WP No.8822 of 2019 Review Application No.66 of 2021 in W.P.No.8341 of 2019, Rev.A.No.64/2021 in W.P.No.7979/2019, Rev.A.No.65/2021 in W.P.No.8816/2019,Rev.A.No.67/2021 in W.P.No.8386/2019, Rev.A.No.73/2021 in W.P.No.8210/2019, Rev.A.No.74/2021 in W.P.No.8934/2019, Rev.A. No. 75/2021 in W.P. 8389/2019, Rev.A.No. 68/2021 in W.P.No.8385/2019, Rev.A.No.69/2021 in W.P.No.8826/2019, Rev.A.No.70/2021 in W.P.No.7986/2019, Rev.A.No.71/2021 in W.P.No.8387/2019 and Review Application No. 72/2021 in W.P.No.8822/2019 are filed under Order 47 Rules 1 and 2 read with Section 114 of the CPC, to review the order dated 02.08.2019 in W.P.No.8341, 7979, 8816, 8386, 8210, 8934, 8389, 8385, 8826, 7986, 8387 & 8822 of 2019 on the file of this Court. WP No.8341 of 2019 Na.Ka.No. 150/ 2018/ the-A dated 26.09.

2018 and quash the same and directing the respondents to issue community the respondents to issue community certificate to the 1st and 2nd petitioners viz. N.R.Mahizhan and V.

basis of the community certificate issued to N.G.Ramalingam, vide community certificate dated 12.09.1978 WP No.7979 of 2019 calling for the records of the 1st respondent proceedings Na.Ka.No.150/ 2018/ the-A dated 26.9.2018 and quash the same and directing the respondents to issue community certificate to the petitioner viz.R.Sanjai to the effect that the petitioner belong to the Konda Reddy community (Schedule Tribe) on the basis of the community certificate issued to petitioners father B.Rajendran vide community certificate dated 9.6.1977 WP No.8816 of 2019 issue community certificate to the petitioners 1 to 4 viz. J.Amuthamani, J.Deepa, minor R.Tharun Vijai and Minor R.Gowdham Vijai to the effect that they are belong to the Konda Reddy community (Schedule Tribe) on the basis of the community certificate issued to petitioner`s father M.

Jayaraman, vide community certificate No.Dis.2164/76 dated 02.02.1976 WP No.8386 of 2019 Calling for the records of the 1st respondent proceeding Na.Ka.No.150/2018 the-A dated 26.09.2018 and quash the same and directing the respondents to issue community certificate to the petitioner children viz., G.Jawahar and G.Yashika to the effect that they belong to the Konda Reddy Community (Schedule Tribe) on the basis of the petitioner community certificate dated 21.10.1988 issued by Tahsildar Mettur Dam WP No.8210 of 2019 Na.Ka.No. 150/ 2018/ the-A dated 26.09.2018 and quash the same and directing the respondents to issue community the respondents to issue community certificate to the petitioners viz. S.Praveen and S.

Nithya to the effect that they are belong to the Konda Reddy Community (Schedule Tribe) on the basis of the community certificate issued to petitioners Paternal uncle K.Govindaraj, vide community certificate dated 06.03.1979 WP No.8934 of 2019 Na.Ka.No. 150/ 2018/ the-A dated 26.09.2018 and quash the same and directing the respondents to issue community certificate to the petitioner viz. P.S. Prabhakaran to the effect that the petitioner belong to the Konda Reddy community (Schedule Tribe) on the basis of the community certificate issued to petitioner maternal uncle, vide community certificate dated 07.06.

WP No.8389 of 2019 Calling for the records of the 1st respondent proceeding Na.Ka.No.150/2018 the-A dated 26.09.2018 and quash the same and directing the respondents to issue community certificate to the petitioners viz. N.Koushika and N.Keerthika to the effect that petitiners are belonging to the Konda Reddy Community (Schedule Tribe) on the basis of the community certificate issued to petitioners father B.Nagarajan, vide community Certificate dated 14.09.1978.

WP No.8385 of 2019 Calling for the records of the 1st respondent proceeding Na.Ka.No.150/2018 the-A dated 26.09.2018 and quash the same and directing the respondents to issue community certificate to the petitioner children viz., Hema Sri and Nandha to the effect that they belong to the Konda Reddy Community (Schedule Tribe) on the basis of the petitioner community certificate dated 30.06.1986 WP No.8826 of 2019 issue community certificate to the petitioners viz. R.Kalaiselvi and R.Thamaraiselvan to the effect that we are belong to the Konda Reddy Community (Schedule Tribe) on the basis of the community Certificate issued to the petitioner father P.K.Rajendran, vide community certificate dated 20.04.1979 WP No.7986 of 2019 calling for the records of the 1st respondent proceedings Na.Ka.No. 150/2018 / the -A dated 26.9.

2018 and quash the same directing the respondents to issue community certificate to the petitioner viz.Minor D.Mythresh and D.Sriram to the effect that the petitioner belong to the konda Reddy community (schedule Tribe) on the basis of the community certificate issued to petitioner fathers elder brother Kuppavi Reddy vide community certificate dated 10.2.1976 WP No.8387 of 2019 Calling for the records of the 1st respondent proceeding Na.Ka.No.150/2018 the-A dated 26.09.2018 and quash the same and directing the respondents to issue community certificate to the petitioners viz., P.Sivakumar and P.Abinaya to the effect that petitiners are belonging to the Konda Reddy Community (Schedule Tribe) on the basis of the petitioner father elder brother community certificate dated 30.06.1986 issued by Tahsildar Mettur Dam.

WP No.8822 of 2019 issue community certificate to the petitioners viz, S.Arunkumar, D.Saranya and Minor Navaneeth Arjun to the effect that we are belong to the Konda Reddy Community (Schedule Tribe) on the basis of the community Certificate issued to the 1st petitioner sister, vide community certificate dated 30.06.1986. For Review Applicants: Mrs.A.Srijayanthi, Spl.G.P. For respondents : Mr.L.Chandrakumar for Mr.N.Naganathan COMMON ORDER (The Common Order of the Court was made by R.Subbiah, J) These Review Applications are filed to review the order dated 02.08.2019 passed by this Court in W.P.Nos.7979, 8816, 8341, 8386, 8385, 8826, 7986, 8387, 8822, 8210, 8934 and 8389 of 2019.

2. Upon hearing the learned counsel appearing for the parties and on a perusal of the order under review, we find that there is no error apparent on the face of the record. Therefore, we are not inclilned to entertain these review applications.

3. However, the learned Special Government Pleader appearing for the review applicants submitted that the review applicants may be permitted to find out the authenticity of the Community Certificates produced by the writ petitioners, as to whether they are genuine documents or bogus.

4. We are of the opinion that there is no need to give any specific direction with regard to the above request made by the learned Special Government Pleader. The review applicants are always at liberty to verify the documents as to the authenticity/originality of the same.

5. With the above observations, the Review Applications are closed. No costs. Consequently, W.M.Ps. are closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The District Collector and Chairman District Level Vigilance Committee Salem District, Salem 2.The Sub Collector, Mettur Dam, Salem District +12 Ccs to Mr. N. Naganathan, Advocate sr 25737. Review Application No.66 of 2021 etc. batch RSV(CO) SP(18/06/2021)