M.Leelavathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.NO.17299 OF 2021 M.Leelavathi ... Petitioner Vs.
1. The District Collector Chennai District Chennai - 600 001.
2. The Revenue Divisional Officer Padikuppam Road Ambattur Chennai - 600 107.
3. The Revenue Divisional Officer Ranipet.
... Respondents [R3 suo motu impleaded by this Court on 18.08.2021 made in WP.No.17299/21] Prayer:- Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the Respondents to issue Hindu Kattunayakan, Scheduled Tribe Community Certificate to the Petitioner's children, R.Mohan Kumar and R.Sanjay Krishna, based on her community certificate and the order passed by the Tamil Nadu State Level Scrutiny Committee in Proceedings No.19460/CV-2(1)/2015-5, dated 17.09.2019.
For Petitioner : Mr. P.Mohanraj For Respondents : Mr. P.Balathandayutham State Government Counsel
O R D E R
(Order of the Court was delivered by N.KIRUBAKARAN, J) This matter has been heard through "Video Conference". 2.
According to the Petitioner, the Petitioner was issued with a community certificate dated 09.06.1993 certifying that she belongs to Hindu Kattunayakan community, which is recognized as a Scheduled Tribe. Further, the Petitioner is presently working as Assistant Inspector in the Department of Internal Audit and Audit of Statutory Boards, Government of Tamil Nadu and her community status has been verified by the State Level Scrutiny Committee and confirmed that she belongs to Hindu Kattunayakan community, vide order dated 17.09.2019.
3.
However, when the Petitioner applied for community certificate to her children, viz., R.Mohan Kumar and R.Sanjay Krishna, based on her community certificate dated 09.06.1993, and confirmed by order dated 17.09.2019 in proceedings No.19460/CV-2(1)/2015-5 by the State Level Scrutiny Committee, there has been no response. Hence, the Petitioner has come before this Court.
4.
Heard Mr. P.Mohanraj, Learned Counsel for the Petitioner, Mr.P.Balathandayutham, Learned State Government Counsel appearing for the Respondents, and perused the materials placed on record.
5.
Thought it is a fact that the Petitioner has been issued with a community certificate dated 09.06.1993 declaring her community status as Hindu Kattunayakan community, since the said certificate has been issued by the Revenue Divisional Officer, Ranipet, this Court suo motu impleads the Revenue Divisional Officer, Ranipet as Third Respondent in this Writ Petition and Mr. P.Balathandayutham, Learned State Government Counsel takes notice on behalf of the newly impleaded Third Respondent. 6.
Taking into consideration of the fact that the Petitioner's community certificate has been issued by the Revenue Divisional Officer, Ranipet, this Court directs the Petitioner to file necessary application before the Third Respondent for issuance of community certificate to her children, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application for issuance of community certificate in respect of the Petitioner's children, the Third Respondent shall conduct enquiry, after giving sufficient opportunity of hearing to the Petitioner and pass orders on merits, within a period of twelve weeks, thereafter.
7.
With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Maya Note: Registry is directed to carry out necessary amendments in the cause-title.
To
1. The District Collector Chennai District Chennai - 600 001.
2. The Revenue Divisional Officer Padikuppam Road Ambattur Chennai - 600 107.
3. The Revenue Divisional Officer Ranipet.
+1cc to Mr.P.Mohanraj, Advocate SR.NO.41311 +1cc to Government Pleader SR.NO.42062 (22/10/2021) W.P. No. 17299 of 2021 PCH(CO) PM/07/10/2021