K.Govindan v. Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Govindan

...Petitioner

Vs.

1.Revenue Divisional Officer, Tiruttani, Tiruvallur District.

2.The Secretary, Adi Dravidar and Tribal Welfare Department, Chepauk, Triplicane, Chennai - 600005.

3.The Commissioner, Revenue Department, Chennai.

(R2 & R3 suo-motu impleaded vide order dated 17.06.2021 made in WP.12789/2021 by NKKJ, TVTSJ) ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed in proceedings in Na.Ka.579/2018/A2 dated 14.08.2019 on the file of the respondent, quash the same and direct the respondent to issue community certificate to the petitioner's sons viz. 1)G.Mannaru and 2)G.Suresh that they belong to 1/4

Kondareddis (ST) Community based upon the community certificate already issued to the petitioner.

For Petitioner : Mr.V.Elangovan For Respondents : Mrs.C.Sangamithirai Special Government Pleader

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The order under challenge in the Writ Petition is to the order passed by the original authority namely, Revenue Divisional Officer, Tiruttani, rejecting the request of the petitioner seeking community certificate for his children, certifying that they belong to Kondareddi, a Scheduled Tribe community.

2. As per the G.O.Ms.No.147 dated 17.03.2016, the petitioner has got a right of appeal before the District Collector and a further second appeal will lie before the State Level Scrutiny Committee. In view of the available alternative remedy, we do not propose to exercise our jurisdiction under Article 226 of the Constitution of India. Therefore, this Writ Petition 2/4

is disposed of with liberty to the petitioner to avail the appellate remedy. No costs. While disposing of the appeal, the appellate authority will take into account that the petitioner and his own brother has been favoured with a certificate.

(R.S.M.,J.) (K.B.,J.) 21.11.2022 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order To:- 1.Revenue Divisional Officer, Tiruttani, Tiruvallur District.

2.The Secretary, Adi Dravidar and Tribal Welfare Department, Chepauk, Triplicane, Chennai - 600005.

3.The Commissioner, Revenue Department, Chennai.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

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