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Madras High CourtWP/22217/2025allowed

R.Senthamizh v. The Revenue Divisional Officer

2025-09-24Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 06-08-2025 DELIVERED ON : 24 -09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP.No.22217 of 2025 R.Senthamizh ..Petitioner Vs The Revenue Divisional Officer Vaniyambadi Tirupattur District.

...Respondent

PRAYER:Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records relating to the order of rejection in Proceedings No.Moo.Mu/155/2025/A4 dated 14.02.2025 on the file of the respondent, quash the same and direct the respondent to issue Online Community Certificate to the petitioner and his children namely S.Badhrinath and S.Sathyaprakash that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner's own sister R.Kaviyarasi and own brother R.Suresh Babu which was issued as per the order of the State Level Scrutiny Committee in Proceedings No.14852/CV-2/2014-3 dated 20.03.2015. For Petitioner : Mr.S.Doraisamy Page 1/7

For Respondent: Mr.Vadivel Deenadayalan, Addl.Govt.Pleader

ORDER

Per J.Nisha Banu J.

This writ petition has been filed challenging the order of rejection in Proceedings No.Moo.Mu/155/2025/A4 dated 14.02.2025 on the file of the respondent and further to direct the respondent to issue Online Community Certificate to the petitioner and his children namely S.Badhrinath and S.Sathyaprakash that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner's own sister R.Kaviyarasi and own brother R.Suresh Babu which was issued as per the order of the State Level Scrutiny Committee in Proceedings No.14852/CV-2/2014-3 dated 20.03.2015.

2. It is averred in the writ petition that the petitioner belongs to 'Kurumans Community' which is classified as Schedule Tribe Community. He did not obtain any community certificate as his community is entered as "Kurumans (ST) community" his school records.

3. It is further averred in the writ petition that petitioner's own brother Page 2/7

R.Suresh Babu's claim for the issuance of community certificate and his children was rejected by the Sub Collector, Tirupattur on 18.03.2014, as against which, an appeal to the State Level Scrutiny Committee was filed. The State Level Scrutiny Committee, after due enquiry, after following the Government Order in G.O.Ms.No.106, Adi Dravidar and Tribal Welfare Department dated 15.10.2012 gave its finding on 20.03.2015 that R.Suresh Babu S/o.Raja, belongs to Scheduled Tribe Hindu "kurumans" community and recommended the RDO, Tirupattur, to issue Schedule Tribe Hindu Kurumans community certificate to Thiru.R.Suresh Babu, S/o.Thiru K.Raja, 66/91, DharjiPettai, New Town, Vaniyambadi, Vellore District. Thereafter, the RDO, Tirupattur, issued community certificate to petitioner's brother R.Suresh Babu and his children on 29.04.2015.

4. The petitioner also states that his own sister R.Kaviyarasi obtained Kurumans (ST) community certificate from the RDO, Tirupattur on 23.11.2015. Further, R.Kaviyarasi's children also obtained community certificate from the RDO, Tirupattur on 01.08.2024.

5. The learned counsel for the petitioner would submit that once petitioner's own brother's communal status was subjected to verification by the Page 3/7

State Level Committee, petitioner and his children are also entitled to get the community certificate as Kurumans (ST) community.

6. The learned counsel for the petitioner would further submit that the petitioner's children S.Badhrinath aged 14 years and S.Sathyaprakash aged 12 years are studying 9th standard and 7th standard respectively. The petitioner preferred an application to the respondent through online on 03.08.2024, however his application was returned stating that "the petitioner advised to submit the application also with proper link documents, attach VAO, RI and Tahsildar, Anthropologist report". According to the petitioner, he uploaded the necessary documents. However, the said application was rejected.

7. Per contra, the learned Additional Government Pleader appearing for the respondent would submit that petitioner's application has been rejected by the Revenue Divisional Officer, Tirupattur on 14.02.2025, after due enquiry and therefore, the impugned order cannot be found fault with.

8. Heard both sides and perused the records.

9. The claim of the petitioner for issuance of community certificate that Page 4/7

they belong to Kurumans (ST) community certificate was based upon the community certificate already issued to the petitioner's own sister R.Kaviyarasi and own brother R.Suresh Babu which was issued as per the order of the State Level Scrutiny Committee in Proceedings No.14852/CV-2/2014-3 dated 20.03.2015.

10. A perusal of the impugned rejection order shows that the Revenue Divisional Officer, Tirupattur, who is vested with the job of issuing community certificate under the relevant Government Orders, without following the guidelines stipulated therein, taken a different view after enquiry and without verifying the community certificate already issued to petitioner's own brother and own sister. Further, the State Level Scrutiny Committee verified the communal status of petitioner's own brother and concluded that the R.Suresh Babu S/o.Thiru K.Raja, belongs to Scheduled Tribe Hindu 'Kurumans' community and the claim is genuine. Thereafter, the RDO, Tirupattur also issued community certificate to the petitioner's own brother and own sister. Therefore, we are of the considered view that the original authority has no discretion but to issue a certificate in favour of the petitioner. Therefore, it is clear that the order of rejection cannot be sustained. Page 5/7

11. Accordingly, this Writ Petition is allowed. The impugned rejection order is quashed with a direction to the respondent-Revenue Divisional officer, Vaniyambadi, Tirupattur District, to issue community certificate to the petitioner and his children namely S.Badhrinath and S.Sathyaprakash that they belong to Kurumans (ST) community, within a period of four weeks from the date of receipt of a copy of this order, based on the certificate issued to Mr.R.Suresh Babu, brother of the petitioner, which has been verified by the State Level Scrutiny Committee, subject to proof that the petitioner is actually the brother of R.Suresh Babu. No costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 24-09-2025 nvsri Index:Yes/No Speaking order/Non-speaking order To The Revenue Divisional Officer Vaniyambadi Tirupattur District.

Page 6/7

J. NISHA BANU, J.

AND M.JOTHIRAMAN, J.

nvsri 24.09.2025 Page 7/7