Madras High CourtWP/18771/2018disposed of

G.Chandiran v. The Director

2018-07-24Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice M. Venugopal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.07.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE M.NIRMAL KUMAR W.P.No.18771 of 2018 G.Chandiran .. Petitioner Vs.

1. The Director, Tribal Welfare Department, Chepauk, Chennai

2. The District Collector, Thiruvannamalai Collectorate Office,

3. The Revenue Divisional Officer, Thiruvannmalai, Thiruvannamalai District

4. The Tahsildar, Thandarampet Taluk,

5. The Deputy Tahsildar, Thandarmpet Taluk,

6. The Revenue Inspector, Mothakal Sub-Taluk, Thandarampet Taluk, ..Respondents Prayer: Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus to direct the 3rd Respondent to issue the Community Certificate to the Petitioner's Daughter based on the Petitioner's Community Certificate within the stipulated time fixed by this Court. For Petitioner : Mr.A.Murugananthan For Respondents : Mr.K.Rajendraprasad Additional Government Pleader

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader for the Respondents. No counter is filed on behalf of the Respondents 1 to 6.

2. According to the Petitioner, he belongs to very poor family and further, he belongs to Malaikuravan Community, which comes under the list of Scheduled Tribes in Tamilnadu. He had completed 8th Standard and he has a Community Certificate. Moreover, his father has a Community Certificate and his daughter is not possessing a Community Certificate. After completing High School Education, the Petitioner's daughter had applied for issuance of Community Certificate before the 3rd Respondent for continuing her study along with necessary documents to the effect that they belong to Malaikuravar Community. When she wants to pursue her higher education, the concerned authorities are insisting for submission of community certificate.

Based on the application made by the Petitioner's daughter, the 6th Respondent / Revenue Inspector, Thiruvannamalai District had conducted a detailed enquiry and forwarded a report to the 5th Respondent / Deputy Tahsildar, Thiruvannamalai District and that the 5th Respondent after conducting a detailed enquiry on the application, forwarded his report to the 4th Respondent and the 4th Respondent had conducted a detailed enquiry on the application and forwarded the report to the 3rd Respondent / the Revenue Divisional Officer, Thiruvannamalai District.

3. The real grievance of the Petitioner is that his daughter had submitted the application in the year 2016 seeking for issuance of Community Certificate and that no action was taken by the 3rd Respondent / Revenue Divisional Officer, Thiruvannamalai District for issuance of Community Certificate. Therefore, the Petitioner, made a representation to the 3rd Respondent in the year 2016, 2017 and 2018 and also approached the 3rd Respondent in-person. As a matter of fact, the Petitioner and his daughter were made to run from pillar to post and the last representation was made by the Petitioner's daughter to the 2nd Respondent on 07.05.2018, till date, the 3rd Respondent has not issued the Community Certificate to the Petitioner's daughter, hence the Petitioner has filed the present Writ Petition praying for passing of an order by this Court to issue Community Certificate based on his Community Certificate within a stipulated time to be determined by this Court.

4. At this juncture, the Learned Counsel for the Petitioner emphatically takes a plea that the Petitioner's Daughter for want of Community Certificate is not able to pursue her Higher Education and that the College Authorities requires a community certificate to show that the Petitioner's daughter belongs to Malaikuravan Community (Scheduled Tribe). The Petitioner claims that his father, viz., Govindasamy [Since deceased] was granted with a similar Scheduled Tribe Certificate stating that he belongs to Malaikuravan Caste by the Tahsildar, Chengam, Thiruvannamalai on 03.02.1986 vide Certificate No.69/1986. The Petitioner's daughter's sub-caste is mentioned as Malaikuruvan by the Government Higher Secondary School, Reddiyarpalayam, Thiruvannamalai.

Also that the Petitioner was granted Malaikuruvan Caste by the Tahsildar, Chengam on 03.02.1986 vide Certificate No.90/1986.

5. The Learned Counsel for the Petitioner submits that the Petitioner's daughter had applied for education into Veterinary Doctor Course before the Tamil Nadu Veterinary and Animal Sciences University, Chennai, for which she requires a Community Certificate to the effect that she belongs to Scheduled Tribe Community and without the production of the said community certificate, the Petitioner's daughter will be very much handicapped in prosecuting her further studies.

6. It cannot be denied that when the Petitioner as well as his father do possess Malaikuruvan Scheduled Tribe Community Certificate dated 03.02.1986 (vide Certificate Nos.69/1986 and 90/1986 respectively) then, it may not be difficult for the Concerned Authorities to take into account of the said community certificate and to dispose of the Petitioner's daughter's representation dated 07.05.2018. Also that, the Petitioner's daughter as early as on 05.11.2016 and 13.03.2018 had addressed a representation to the Hon'ble Chief Minister of Tamilnadu. In fact, in the representation dated 05.11.2016 of the Petitioner's daughter addressed to the Hon'ble Chief Minister, she had referred to her petition dated 20.08.2016 given before the 2nd Respondent / District Collector, Thiruvannamalai District. Obviously, there appears to be an inaction on the part of the concerned Revenue Authorities, which is not appreciated by this Court.

7. Considering the fact that the Petitioner's daughter's various representations seeking issuance of Community Certificate are pending without any progression in the subject matter in issue and lastly, the Petitioner's Daughter had submitted a representation on 13.03.2018 to the Hon'ble Chief Minister Cell and the representation given before the 2nd Respondent / District Collector, Thiruvannamlai dated 07.05.2018 and this Court keeping in mind yet another fact that the said

representations have not yet been disposed of by the Concerned Authorities, at this stage, to prevent an aberration of justice and to promote substantial cause of justice, simpliciter directs the 3rd Respondent / Revenue Divisional Officer, Thiruvannamalai District to act upon the earlier representations and the last representation dated 07.05.2018 and to dispose of the same by passing a reasoned speaking order within a period of four weeks from the date of receipt of copy of this order, of course, after providing sufficient opportunity to the Petitioner and his daughter to hear their views, in the subject matter in issue.

After the authority comes to the firm conclusion that the Petitioner's daughter belongs to Scheduled Tribe community, then, the 3rd Respondent is directed to issue Scheduled Tribe Community Certificate to and in favour of Petitioner's daughter without precipitating or prolonging the matter any further because of the reason that the Petitioner's daughter had applied before the Tamilnadu Veterinary and Animal Sciences University to pursue her Veterinary course degree. Liberty is granted to the Petitioner and his daughter to produce necessary copies of relevant documents before the 3rd Respondent / Revenue Divisional Officer, Thiruvannamalai District at the time of enquiry and the said documents can be looked into by the 3rd Respondent at the time of passing the orders and issuance of certificate.

With the above said observations and directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssd To