G.Natesan v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 3/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.22814 of 2015 G. Natesan ...
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 pass orders on the application/representation submitted by the petitioner dated 9/6/2014 and to issue Kurumans Scheduled Tribe Community Certificate in favour of children of the petitioner N.Yuvaraj, N.Gokila and N.Dinakaran, within a time frame fixed by this Court. For petitioner ...
Mr. G.Sankaran For respondent ...
Mr. N.Sakthivel Government Advocate - - - - - -
O R D E R
Mr.N.Sakthivel, learned Government Advocate, accepts notice for the respondent. With the consent of the learned counsel on either side, the writ petition is taken up for final disposal. This writ petition is filed seeking a mandamus directing the respondent to pass orders on the application/representation submitted by the petitioner dated 9th June, 2014 and to issue Kurumans Scheduled Tribe Community Certificate in favour of his children viz., N.Yuvaraj, N.Gokila and N.Dinakaran.
The petitioner, claiming that he belongs to Kurumans (S.T) community, has made an application/representation on 9th June, 2014 to the respondent, seeking issuance of such community certificate to his children, viz.,N.Yuvaraj, N.Gokila and N.Dinakaran. Since no orders have been passed on the said application, he has come up with the instant writ petition seeking the aforestated relief.
In the affidavit filed in support of the writ petition, the petitioner has averred that his brother's son and daughter have been issued with Scheduled Tribe Community Certificate dated 29th December, 1994 by the then competent authority, based on the orders of the State Level Scrutiny Committee and as such, his children too are entitled to such certificate. However, seemingly, along with his application, the petitioner has not enclosed the aforesaid documents relied on by him in support of his claim.
By this petition, the petitioner is seeking a direction to the authority concerned to consider his application and issue community certificate to his children accordingly. We have been repeatedly observing that a community comprises not only the members of the family, but, also the members of the same group or tribe. In the case on hand, when the petitioner's blood relatives have been issued with community certificate to the effect that they belongs to Kurumans (S.T.) community, as a natural corollary, his children are also entitled to get such community status and we are at a loss to understand as to why the petitioner's application dated 9th June, 2014 has been kept pending for more than one year, contrary to the direction of the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1 and several other decisions.
Needless to state that if any doubt crops up in the mind of the competent authority qua the genuineness of the community certificate issued to the blood relatives of the petitioner while considering his application for grant of the same certificate for his children, the only course open to the competent authority is to refer the same to the State Level Scrutiny Committee, but, not to take a contrary stand by dis-crediting the same. The said community certificates are subject to further verification by the State Level Scrutiny Committee. In other words, if the competent authority has any doubt about the genuineness of the community certificate issued to the blood relatives of the petitioner, he has no competence to ignore the same, unless the same is set aside or modified by the higher authority, i.e.
, the State Level Scrutiny Committee and he can only refer the matter to the State Level Scrutiny Committee. In view of the foregoing, we direct the authority concerned to consider and pass orders on the petitioner's application dated 9th June, 2014 on merits and in accordance with law, after conducting enquiry as per the guidelines laid down by the Supreme Court in Kumari Madhuri Patil (supra). The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of accordingly. No costs. s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mvs.
To The Revenue Divisional Officer Dharmapuri Dharmapuri District.
+ 1 cc to M/s.G.Sankaran, Advocate SR 40473 + 1 cc to Govt.Pleader,High Court, Madras SR 39957 rsk(co) prk7/8 W.P. No.22814 of 2015