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Madras High CourtWP/20628/2025disposed of

R.Kavi v. The Revenue Divisional Officer

2025-06-16Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.20628 of 2025 and W.M.P.o.23241 of 2025 R.Kavi D/o Late M.Ramesh

...Petitioner

Vs.

The Revenue Divisional Officer, Mettur, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Certiorarified Mandamus to call for the records relating to the online rejection order in Application No.TN52024051616131 dated NIL and quash the same and direct the respondent to issue the Online Community Certificate to the petitioner based upon the community certificate already issued to the petitioner that she belongs to Kuruman(ST) Community.

For Petitioner : Mr.S.Doraisamy For Respondents : Mr.Vadivel Deenadayalan, Addl.Government Pleader

ORDER

This Writ Petition has been filed challenging the the online rejection order in Application No.TN-52024051616131 dated NIL and to direct the respondent to issue the Online Community Certificate to the petitioner based upon the community certificate already issued to the petitioner that she belongs to Kuruman(ST) Community.

2. The claim of the petitioner is that she belongs to "Hindu Kuruman" a scheduled tribe community. The petitioner's father late M.Ramesh was favoured with a certificate to the effect that he belongs to "Hindu Kuruman', a scheduled tribe community as early as on 16.09.1989. Based on the community certificate of the petitioner's father, the petitioner and her brother was also issued with the community certificate on 26.11.2015 stating that they belong to Kurumans (ST) community. The petitioner was appointed in the postal department as GDS (BPM) on 01.03.2021 at Kallar Branch office, Tiruppur Division,Coimbatore District under ST Category. Her service is not regularized till date as she did not produce the Online format Community Certificate Therefore, the petitioner applied for online community certificate on 16.05.2024 but the same was rejected stating that the petitioner has already obtained community certificate. Hence, the present writ petition.

3. Heard the learned counsel for the petitioner, the learned

Additional Government Pleader appearing for the respondent and perused the materials available on record.

4. Perusal of the records shows that the petitioner was already issued with manual community certificate. The petitioner has applied of online community certificate but the same was rejected by the respondent stating that the petitioner has already been issued with the community certificate. For the purpose of various schemes by the Government, the Online certificate is necessary. The petitioner was appointed in the postal department. Though the petitioner had produced the manual community certificate, her service is not regularized till date due to non-production of Online community certificate. In similar circumstances, the Division Bench of this Court in the case of M.Arumugam Vs. The Revenue Divisional Officer, Tambaram, Chennai in W.P.No.2934 of 2025 dated 31.01.20215 has held as follows:

"5. We find it very difficult to accept the statement made in the affidavit, it is clear that the Revenue Divisional Officer, Tambaram, had mechanically rejected the application without even adverting to G.O.Ms.No.104 dated 21.08.2023 which prescribes the detailed procedure for issuance and verification of community certificates. We had also in W.P.No.38828 of 2024 dated 19.12.2024 referred

to advisory issued by the Commissioner, Revenue Administration vide his letter dated 04.03.2023, clarifying that the issuing authority will issue online certificate, if the candidate had already been favoured with a manual certificate."

5. In the light of the above, we are unable to sustain the rejection of the online application of the petitioner. Therefore, the online rejection order in application No TN-52024051616131 is quashed. The respondent/Revenue Divisional Officer is directed to issue the Online community certificate based on the community certificate already issued to the petitioner that she belongs to Kuruman(ST) Community, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi Speaking order/Non-speaking order To The Revenue Divisional Officer, Mettur, Salem District.

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi 16.06.2025