M.Jayanthi v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.28568 of 2015 M. Jayanthi Petitioner Vs.
The Sub Collector, Cheyyar, Tiruvannamalai 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 children viz., 1. Minor D.B. Raghavesh and 2. Minor D.B. Srimathi, that they belong to Kattunayakan (ST) Community based on the Community Certificate already issued to their parents i.e. Petitioner and her husband. For petitioner Mr. S. Doraisamy 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 Kattunayakan (ST) community certificate to the petitioner's children by name Minor D.B. Raghavesh and minor D.B.Srimathi based on the petitioner's application dated 01.06.2015.
The petitioner, claiming that she belongs to Kattunayakan (ST) community, has made an application on 01.06.2015 to the respondent seeking issuance of such community certificate to her children by name Minor D.B. Raghavesh and minor D.B.Srimathi. 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 01.06.2015, it is manifest that in support of her claim of belonging to Kattunayakan (ST) community, copies of community certificates issued in favour of her and her husband were enclosed therewith. By this petition, the petitioner is seeking a direction to the respondent to consider her 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 and her husband have been issued with community certificate to the effect that they belong to Kattunayakan (ST) community, the petitioner's children are 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 her application seeking community certificate for her children, 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 01.06.2015 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 Sub Collector, Cheyyar, Tiruvannamalai District.
1 cc to Government Pleader.Sr.No.49644 W.P. No.28568 of 2015 ksj(co) pmk.29.9.2015