D. Manoharan, v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.26805 of 2015 D. Manoharan 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's daughter by name Minor M. Harini that she belongs to Kurumans Scheduled Tribes Community based on the Scheduled Tribe Community Certificate issued in favour of the petitioner within a time frame.

For petitioner Mr.G. Sankaran For respondent Mr.P.S.Sivashanmugasundaram Special Government Pleader

ORDER

Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondent. With the consent of the learned counsel on either side, the writ petition is taken up for disposal, at the admission stage itself. This writ petition is filed seeking a writ of mandamus directing the respondent to issue Kurumans (ST) community certificate to the petitioner's minor daughter viz., M. Harini based on the petitioner's application dated 09.06.2015.

The petitioner, claiming that he belongs to Kurumans (ST) community, has made an application on 09.06.2015 to the respondent seeking issuance of such community certificate to his daughter viz., M. Harini. Since no orders have been passed on the said application, the petitioner has come up with the instant writ petition seeking the aforestated relief. From a perusal of the petitioner's application dated 09.06.2015, it is manifest that in support of his claim of belonging to Kurumans (ST) community, copies of his community certificate, birth certificate of his children and a copy of the transfer certificate issued by the school were enclosed therewith. Further, it is seen from the records that the State Level Scrutiny Committee has confirmed that the petitioner's cousin by name K. Shanmugavel, S/o K. Krishnan belongs to Kurumans (ST) Community vide proceedings No.11950/CVIII/2008, dated 09.06.2015.

By this petition, the petitioner is seeking a direction to the respondent to consider his application and issue community certificate 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 has been issued with community certificate to the effect that he belongs to Kurumans (ST) community, the petitioner's daughter is also entitled to get such community status and we are at a loss to understand as to why the petitioner's application has been kept pending without any orders being passed.

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 petitioner while considering his application seeking community certificate for his daughter, the only course open to the competent authority is to refer the same to the State Level Scrutiny Committee and not to take a contrary stand by dis-crediting the community certificate issued to the petitioner, without appropriate order being passed 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 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.

For the aforesaid reasons, we direct the respondent to consider the petitioner's application dated 09.06.2015 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ra To The Revenue Divisional Officer Dharmapuri Dharmapuri District.

1 cc to Mr.G. Sankaran , Advocate Sr.No.46163 1 cc to Government Pleader.Sr.No.46278 W.P. No.26805 of 2015 ala(co) pmk.2.9.2015