N.Govindasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2023

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA N. Govindasamy ... Petitioner Vs.

The Revenue Divisional Officer, Dharmapuri Dharmapuri District ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or order or direction in the nature of writ directing the respondent to implement the order of the State Level Scrutiny Committee passed in favour of the petitioner in proceedings No.2669/CV-III/2006-14 dated 25.02.2020 and to issue community certificate to the petitioner's children viz. 1. G. Aravind Kumar and 2.G. Divya that they belong to Kurumans (ST) Community. For Petitioner : Mr.S. Doraisamy For Respondent : Mr.A. Selvendran Special Government Pleader

ORDER

(Order of the Court was delivered by V.M.VELUMANI, J.) The petitioner has come out with the present Writ Petition for a direction to the respondent to implement the order of the State Level Scrutiny Committee passed in favour of the petitioner in proceedings No.2669/CV-III/2006-14 dated 25.02.2020 and to issue community certificate to the petitioner's children viz. 1. G. Aravind Kumar and 2.G.Divya that they belong to Kurumans (ST) Community.

2. By consent of both the learned counsel appearing for the petitioner as well as Mr.A. Selvendran, learned Special Government Pleader, who takes notice for the respondent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondent and perused the entire materials on record.

4. According to the petitioner he belongs to "Kurumans Community and obtained Community Certificate from the respondent on 17.10.1994. His community Certificate was refferred to the State Level Scrutiny Committy for verification by his employer Tamil Nadu State Transport Corporation, Dharmapuri Distirct, and the same was cancelled on 09.01.2006 by the State Level Scrutiny Committee. This Court vide its order dated 21.01.2006, in W.P. No.2706 of 2006 preferred by the petitioner, set aside the order passed by the State Level Scrutiny Committee and remanded the matter back to the State Level Scrutiny Committee for fresh consideration. Thereafter, the State Level Scrutiny Committee issued notice for enquiry to the petitioner and the petitioner duly appeared and thus, the State Level Scrutiny Committee after thorough enquiry gave its finding on 25.02.2020 confirming the petitioner's Community Certificate as correct and that he belongs to "Kurumans" (Scheduled Tribe) Community.

The petitioner communicated the same to the respondent on 08.12.2020 and requested the respondent to issue community certificate to his children. Since till date no certificate has been issued by the respondent, the petitioner has

come out with the present Writ Petition.

5. In view of the community certificate issued by the RDO, Dharmapuri that the petitioner belongs to "Kurumans" ST Community, has been verified and confirmed as genuine by the State Level Scrutiny Committee, the respondent is directed to issue community certificate to the petitioner's children namely, G. Aravind Kumar and G. Divya, based on the findings arrived at by the Tamil Nadu State Level Scrutiny Committee Proceedings No.2669/CV-III/2006-14 dated 25.02.2020 within a period of six (6) weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is allowed. No costs.

(V.M.V.,J.) (R.H.,J.) 10.01.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

To, The Revenue Divisional Officer, Dharmapuri Dharmapuri District

V.M.VELUMANI, J.

and R. HEMALATHA, J.

bga 10.01.2023