Jayalakshmi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2018

CORAM

THE HONOURABLE MR. JUSTICE R. SUBBIAH AND THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2741 of 2018 Jayalakshmi ..Petitioner Vs.

1.

The Secretary to Government, Adi Dravidar and Tribal Welfare (CV3) Department, Secretariat, Chennai - 600 009.

The District Collector, Dharmapuri, Dharmapuri District.

The District Revenue Officer, Dharmapuri, Dharmapuri District.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for records in proceedings in Na.Ka. NO. 16088/2016/CO3 dated 13.11.2017 on the file of the 2nd respondent and quash the same and direct the respondents to issue Schedule Tribe Community Certificate to the children of the petitioner viz. 1. M. Sandhiya 2. M. Vallarasu and 3. M. Poovarasan. For Petitioner ::

Mr.G. Rajan For Respondents ::

Mr.S.N. Parthasarathy, Government Advocate

O R D E R

(Order of the Court was made by R. SUBBIAH,J.) This writ petition is filed for issue of a Writ of Certiorarified Mandamus to call for records in proceedings in

Na.Ka. No. 16088/2016/CO3 dated 13.11.2017 on the file of the 2nd respondent and quash the same and direct the respondents to issue Schedule Tribe Community Certificate to the children of the petitioner viz. 1. M. Sandhiya 2. M. Vallarasu and 3. M. Poovarasan.

The brief facts of the case are:

The petitioner, who was born at Kaliyagoundanur Village, Dharmapuri District, belongs to Hindu Kurichan Community, which is classified as a Scheduled Tribe Community. According to the petitioner, in her school admission slip, her community has been mentioned as Hindu Kurichan and her husband also belongs to the said community. It is also stated by the petitioner that in the admission slips and transfer certificates of her children, the community has been mentioned as Hindu Kurichan. Further, one E. Sankaranarayanan, who has been issued with Hindu Kurichan community certificate and which has also been approved by the State Level Scrutiny Committee vide proceedings dated 13.02.2015, is her nephew.

That being so, the petitioner filed an application before the 3rd respondent seeking issuance of Hindu Kurichan community certificate for her children, namely, M.Sandhiya, M.Vallarasu and M.Poovarasan. However, it was not considered, which necessitated the petitioner to file W.P. Nos. 12210 to 12212 of 2012 before this Court seeking a direction to consider her application. Though the said writ petition was disposed of by order dated 26.04.2012 directing the 3rd respondent to pass appropriate orders after holding a detailed enquiry and after affording an opportunity to the petitioner, the 3rd respondent rejected the application of the petitioner by order dated 30.07.2012, which was challenged by the petitioner again by way of W.P. No. 23670 of 2012. This Court, by order dated 17.12.

2013 set aside the order of rejection of the 3rd respondent and directed the 3rd respondent to consider the application of the petitioner afresh and pass a reasoned order. Even thereafter, the 3rd respondent replicated the earlier order and rejected the request of the petitioner for issue of community certificate to her children by proceedings dated 13.06.2014 and the petitioner questioned the same once again by filing W.P. No. 26750 of 2016. This Court, by order dated 01.08.2016, disposed of the writ petition directing the petitioner to approach the District Collector by way of an appeal as against the order passed by the 3rd respondent, with a further direction to the 2nd respondent to take a decision thereon on merits and in accordance with law within a period of two months therefrom after affording an opportunity to the petitioner.

Pursuant thereto, the impugned order has been passed by the 2nd respondent rejecting the request of the petitioner. Hence, the present writ petition.

Though the learned counsel for the petitioner has raised many contentions assailing the impugned order, the main contention putforth by the learned counsel for the petitioner is that the 2nd respondent has not considered any of the grounds taken by the petitioner, to substantiate her claim regarding the community status that she belongs to Hindu Kurichan community. Therefore, it is the submission of the learned counsel for the petitioner that the matter may be remitted back to the 2nd respondent for consideration afresh.

4.

However, the learned Government Advocate appearing for the respondents would submit that as against the order passed by the 2nd respondent, the petitioner has got an alternate remedy by way of an appeal to the State Level Scrutiny Committee and therefore, the proper recourse for the petitioner would be to approach the State Level Scrutiny Committee by way of an appeal. 5.

Heard the submissions of the learned counsel for the parties.

6.

On a perusal of the affidavit filed in support of the writ petition, we find that the petitioner has, time and again, approached this Court, whenever an order has been passed rejecting her request for issuance of community certificate. But, as rightly submitted by the learned Government Advocate, as against the order passed by the 2nd respondent, the petitioner has got a remedy by way of an appeal before the State Level Scrutiny Committee. Without exhausting the same, the petitioner has approached this Court and therefore, we are not inclined to entertain this writ petition.

7.

However, it is open to the petitioner to file an appeal before the State Level Scrunity Committee within a period of two weeks from the date of receipt of a copy of this order and on filing of such appeal, the Committee shall consider the same and pass appropriate orders, by affording an opportunity of hearing to the petitioner, on merits and in accordance with law, on or before 31.05.2018.

8.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nv

To 1.

The Secretary to Government, Adi Dravidar and Tribal Welfare (CV3) Department, Secretariat, Chennai - 600 009.

The District Collector, Dharmapuri, Dharmapuri District.

The District Revenue Officer, Dharmapuri, Dharmapuri District.

+1cc to Mr.G. Rajan, Advocate, S.R.No.9905 W.P. No. 2741 of 2018 KS(CO) CS/07/03/18