N.Madhammal, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE MR. JUSTICE V. BHARATHIDASAN W.P. No.14738 of 2016 N. Madhammal ..Petitioner Vs.

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

..Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to issue community certificate to the petitioner, her children and grandson, viz., 1. S. Sathi, 2. S. Rani, 3. S.Vaigundham, 4. S. Sivamani and 5. V. Dheenadhayala that they belong to Kurumans (ST) community, based upon the community certificate already issued to the family members of the petitioner and also verified by the State Level Scrutiny Committee in Proceedings No.8966/CVIII/2012 dated 31.10.2013.

For Petitioner: Mr.S. Doraisamy For Respondent: Mrs. A. Srijayanthi Special Government Pleader

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the respondent. With consent, this writ petition is taken up for final disposal, at the admission stage itself.

2.

This writ petition is filed seeking a writ of mandamus directing the respondent to issue Kurumans (ST) community certificate to the petitioner, her children and grandson, viz.,

S. Sathi, S. Rani, S.Vaigundham, S.Sivamani and V. Dheenadhayala, based upon the community certificate already issued to the petitioner's brother, which is also verified and confirmed by the State Level Scrutiny Committee in Proceedings No.8966/CVIII/2012 dated 31 October 2013.

3.

The petitioner, claiming to be belonging to Kurumans (ST) community, made an application to the respondent on 08 August 2015 seeking issuance of such certificate to herself, her children and grandson, as aforestated. Pursuant thereto, the petitioner was called for an enquiry on 14 December 2015. Accordingly, the petitioner appeared for the enquiry with the required documents, including the proceedings of the State Level Scrutiny Committee dated 31 October 2013, confirming the community status of the petitioner's brother, viz., N. Chinnasamy. However, subsequently, there has been no progress in the matter. Hence, the instant writ petition seeking the aforestated relief.

4.

The learned counsel for the petitioner submits that though the petitioner had furnished all the required documents in support of her claim, when she attended the enquiry on 14 December 2015 pursuant to the notice dated 10 December 2015, no orders have been passed on her application, contrary to the time schedule fixed by the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1 and also by a Division Bench of this Court in G. Venkitasamy and V.Balasubramaniam vs. The Chairman, State Level Scrutiny Committee and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maaligai, Fort St. George, Chennai - 92.

5.

The learned Special Government Pleader appearing for the respondent submits that the petitioner's application will be examined in accordance with law and on its own merits, in the light of the judgment in G. Venkitasamy and V.Balasubramaniam (supra) and particularly, keeping in view the community status of the petitioner's brother, which stands duly verified and confirmed by the State Level Scrutiny Committee and a decision will be taken, within a period of four weeks. 6.

In view of the aforestated submission of the learned Special Government Pleader, it is ordered accordingly. Needless to state that it is open to the authorities to examine the relationship of the petitioner with the said N. Chinnasamy, who, according to the petitioner, is her own brother. (1996) 4 SCC 241 2016-1-L.W. 289 : (2016) 1 MLJ 606

The writ petition stands disposed of with the above observations. Costs made easy.

cad Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

+ 1 cc to Mr.S.Doraisamy, Advocate Sr 25256 + 1 cc to The Govt.Pleader, Sr 25457 KR/28/4/16 W.P.No.14738 of 2016