J.Iyyappan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU J.Iyyappan
...Petitioner
Vs.
1.The District Collector, Thiruvannamalai District, Thiruvannamalai - 606 604.
2.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai - 606 601, Thiruvannamalai District.
3.The Zonal Deputy Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai - 606 601, Thiruvannamalai District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned community certificate issued by the 3rd 1/5
respondent in his No.G2/84/2022, dated 12.05.2022 and quash the same and consequently directing the respondents 2 and 3 to issue Community Certificate by mentioning (Kanjam) Caste to the petitioner. For Petitioner : Mr.C.Prakasam For Respondents : Mr.Vadivelu Deenadayalan, Additional Government Pleader *******
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) Claiming that the Zonal Deputy Tahsildar, Thiruvannamalai had issued a certificate to the effect that the petitioner belonged to HinduReddiyar community, a Forward Community without looking into the evidence produced by the petitioner that he belongs to Hindu-Kanjam Reddy which is a Backward Class Community, the petitioner has come up with this writ petition.
2. Mr.Vadivelu Deenadayalan, learned Additional Government Pleader would submit that the petitioner has an appeal remedy before the 2/5
Revenue Divisional Officer under G.O.(Ms)No.147, Revenue [RA-3(2)] Department, dated 17.03.2016.
3. Mr.Prakasam, learned counsel appearing for the petitioner while conceding that there is an appeal remedy would contend that the action of Tahsildar in ignoring the documentary evidence placed and the Government Order would give him a right to approach this Court under Article 226 of the Constitution of India.
4. We are unable to accept the said submission of the learned counsel for the petitioner. If we are to examine the documents and pronounce upon it, we will be entering upon the arena of appreciation of the evidence which is foreign to the scope of the proceedings under Article 226 of the Constitution of India. We do not propose to embark upon such an exercise.
5. The writ petition is therefore dismissed leaving it open to the petitioner to file an appeal before the appropriate Authority viz., Revenue 3/5
Divisional Officer. The Appellate Authority will dispose of the appeal within a period of three months from the date of its filing. No costs. (R.S.M.,J.) (K.B.,J.) 18.10.2022 dsa Index :Yes/No Internet :Yes/No Speaking order/Non-Speaking order To:- 1.The District Collector, Thiruvannamalai District, Thiruvannamalai - 606 604.
2.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai - 606 601, Thiruvannamalai District.
3.The Zonal Deputy Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai - 606 601, Thiruvannamalai District.
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R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
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