K.Lakshmanan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 6/8/2015 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.24118 of 2015

1. K. Lakshmanan

2. L. Kottaiammal

3. Minor L.Venkatesan (Minor) rep. By his father and natural guardian Mr.K.Lakshmanan

4. Minor L.Muthulakshmi(Minor) rep. By her father and natural guardian Mr.K.Lakshmanan.

...

Petitioners Vs The Revenue Divisional Officer Dharmapuri.

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Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records relating to the order of rejection passed in proceedings in Na.Ka.6245/2013/A4 dated 10/7/2015 on the file of the respondent, quash the same and direct the respondent to issue community certificate to the petitioners that they belong to Kurumans (ST) Community based upon the community certificate already issued to the first petitioner's sister which was verified by the State Level Scrutiny Committee.

For petitioner : Mr.S.Doraisamy For respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader

O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader accepts notice on behalf of the respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

2. Invoking the jurisdiction of this Court, under Article 226 of the Constitution of India, the petitioners have filed this petition, questioning the legality and validity of the proceedings passed in Na.Ka.6245/2013/A4 dated 10th July, 2015, by the Revenue Divisional Officer, (*) Dharmapuri, whereunder, the applications made by the first petitioner for grant of Community Certificate, was rejected.

3. The Revenue Divisional officer, (*) Dharmapuri, had rejected the application, holding that on a perusal of the document, it is found that the applicants belong to "Kurumbar Community" and not "Kurumans Community".

4. On a perusal of the proceedings, we noticed that along with the application, the petitioner has enclosed the School Transfer Certificates of his children as well as the Community Certificate purportedly issued in favour of his sister, viz., K.Lakshmi.

5. The Revenue Divisional officer, had not adverted to the said certificates and also had not indicated anywhere as to whether any enquiry as required was conducted, while considering an application for grant of community certificates.

6. The learned Special Government Pleader, appearing for the respondent submits that the matter will be re-examined and after proper enquiry, fresh decision will be taken.

7. We have examined all the facts of the case.

8. The learned counsel appearing for the petitioners had produced a certificate issued, in favour of Selvi.K.Lakshmi, by the competent Officer on 1st July, 1996. It appears that the said certificate was thereafter, verified and approved by the State Level Scrutiny Committee on 30th March, 2015. It is noticed that the copy of this certificate was not produced before the authorities. Needless to state that the Community Certificate of his close relative, particularly of his family member, cannot be discredited, without assigning the proper reasons as the same has probative value.

9. In view of the foregoing, we are of the considered view that the order impugned is liable to be quashed and accordingly, set aside.

10. Resultantly, this writ petition is allowed and the respondent/Revenue Divisional officer, (*) Dharmapuri, is directed to examine the application afresh, on the basis of fresh documents

submitted by the applicant and after holding proper enquiry, take decision and pass an order on its own merit and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (J) Dt:19.8.2015 (*)Corrected as per order of this Court dated 25.8.2015.

Sd/- Assistant Registrar (CS-II) Dt: 25/8/2015 True copy Sub Assistant Registrar.

To ] ] The Revenue Divisional Officer ] Corrected order to be Dharmapuri.

] substituted to the order ] already despatched ] copy to:

] The Revenue Divisional Officer Harur, ] +1 cc to S.Doraisamy Advocate sr.45283 +1 cc to Government Pleader sr.40813 W.P. No.24118 of 2015 ksj(co) prk27/8