K.Periyasamy v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.P. No.27154 of 2015 K. Periyasamy Petitioner Vs.

The Revenue Divisional Officer Dharmapuri Dharmapuri District The Chairman Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai 600 009 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to hold proper enquiry, examine the proceedings of respondent no.2Committee dated 28.04.2008 and 27.03.2014 relating to the blood relatives of the petitioner, viz., K. Devi and S. Kaviarasan and decide the application of the petitioner dated 23.06.2014 for issuance of ST community certificates to the petitioner's children, viz., Narasimman and Jayapriya, within a reasonable time. For petitioner Mr. M. Radhakrishnan For respondents Mr. N. Sakthivel, Government Advocate

ORDER

(made by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for the respondents. 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 first respondent to hold proper enquiry, examine the proceedings dated 28th April 2008 and 27th March 2014 of the second

respondent-Committee relating to the petitioner's blood relatives, viz., K. Devi and S. Kaviarasan and decide the petitioner's application dated 23rd June 2014 for issuance of Kurumans (ST) community certificate to the petitioner's children, viz., Narasimman and Jayapriya, within a reasonable time.

The petitioner, claiming to be belonging to Kurumans (S.T.) community, has made an application on 23rd June 2014 to the first respondent, seeking issuance of such community certificate to his children viz., Narasimman and Jayapriya. Since no orders have been passed on the said application, he has come up with the instant writ petition seeking the aforestated relief.

From a perusal of records, it is manifest that in support of his claim that he belongs to Kurumans (S.T.) community, the petitioner has enclosed with his application dated 23rd June 2014, a copy of the proceedings of the State Level Scrutiny Committee dated 27th March 2014, confirming the status of his father's brother's son by name S. Kaviarasan, besides certain other documents. By this petition, the petitioner is seeking a direction to the first respondent to consider his application and issue community certificate to his children Narasimman and Jayapriya, 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 community status of the petitioner's paternal cousin has been confirmed by the State Level Scrutiny Committee vide proceedings dated 27th March 2014, the said proceedings does have a high probative value. However, it is well within the power of the competent officer concerned to examine the relationship of the said person with the applicant. In view of the foregoing, we direct the first respondent to consider and pass orders on the petitioner's application dated 23rd 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 and another vs. Additional Commissioner, Tribal Development and Others1. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

The writ petition stands disposed of accordingly. Costs made easy.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar (1994) 6 SCC 241

cad To The Revenue Divisional Officer Dharmapuri Dharmapuri District The Chairman Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai 600 009 +1 cc to Mr.M.Radhakrishnan, Advocate, sr.46470 +1 cc to Govt.Pleader, sr.46881 W.P. No.27154 of 2015 gj co kra 15/09