K.Vasanth v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.04.2019 Coram The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy Writ Petition No.10827 of 2019 K.Vasanth

...Petitioner

Vs.

The Revenue Divisional Officer, Mettur Dam.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to issue community certificate to the petitioner to the effect that he belongs to Hindu Konda Reddis Community (ST) pursuant to the application dated 07.02.2019 and in the light of the Judgement passed by this Hon'ble Court in W.P.No.32438/2017 dated 30.01.2018 in the case of his elder brother K.Muhil. For Petitioner :

Mr.V.Vijayashankar For Respondent :

Mr.J.Pothiraj, Special Government Pleader *****

O R D E R

[Order was delivered by R.SUBBIAH,J] The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondent to issue community certificate to the petitioner to the effect that he belongs to Hindu Konda Reddis Community (ST) pursuant to the application dated 07.02.2019 and in the light of the Judgement passed by this Hon'ble Court in W.P.No.32438/2017 dated 30.01.2018 in the case of his elder brother K.Muhil.

2. According to the petitioner, the petitioner's family belongs to Hindu 'Konda Reddis' Community (ST). Petitioner's father has obtained Community Certificate as early as in the year 1975 and his close relatives were

also holding such Community Certificate. As the application filed by petitioner's elder brother seeking issuance of Community Certificate has not been considered, petitioner's elder brother filed W.P.No.32438 of 2017 before this Court. Pursuant to orders of this Court dated 30.01.2018, the Revenue Divisional Officer, issued Community Certificates on 06.02.2019. Thus, it is evidently clear that the petitioner's family belongs to Hindu 'Konda Reddis' Community (ST).

Petitioner submitted an application on 07.02.2019 seeking issuance of a Community Certificate to the respondent enclosing all the relevant documents. Since no action was taken, petitioner has filed the present petition seeking the aforesaid relief.

3. Heard learned counsel for petitioner and learned Special Government Pleader for respondent.

4. Learned counsel for petitioner made detailed submissions adverting to the averments made in the affidavit filed in support of the Writ Petition.

5. Learned Special Government Pleader for respondent submitted that orders would be passed on the petitioner's application within a period of six weeks.

6. Considering the submissions made by learned Special Government Pleader, this Court directs the respondent to consider the application of the petitioner in the light of the Community Certificate already issued to the petitioner's brother and pass appropriate orders within a period of six weeks from the date of receipt of this order. After issuance of the Community Certificate to the petitioner, the respondent is at liberty to sent the same for verification to the State Level Scrutiny Committee. The State Level Scrutiny Committee is directed to conduct enquiry with regard to the genuineness of the Community Certificate that will be issued to petitioner and pass appropriate orders on or before 30.11.2019. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar av To

1. The Revenue Divisional Officer, Mettur Dam.

2. The State Level Scrutiny Committee/ Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

+1cc to Mr. V.Vijayashankar, Advocate SR.No. 43024 +1 cc to Government Pleader SR.NO. 43217 Writ Petition No.10827 of 2019 mp(CO) A.SK(06/05/2019)