S.Madhesh Kumar v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 23019 of 2025 and W.M.P No. 25848 of 2025
1. S.Madhesh Kumar S/o.Sreeraman, No.1/77-A, Thimjepallai Village, Denkanikottai Taluk, Krishnagiri District Petitioner(s) Vs
1. The Revenue Divisional Officer Hosur, Krishnagiri District Respondent(s) For Petitioner(s):
Mr. S.Doraiswamy For Respondent(s):
Mr.R.Kumaravel Additional Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed to issue a Writ of Certiorarified Mandamus challenging the rejection order in Application No.TN5202404046800 passed by the respondent.
2. It is the case of the petitioner that the petitioner belongs to 'Kurichchan Community', which is classified as Scheduled Tribe and he studied 10 th standard and in the school records, his community was entered as Kurichchan (ST) Community. The community certificate of the one of the brothers of the petitioner's father was verified by the District Vigilance Committee, Krishnagiri, and found that he belongs to Kurichchan Community. Based on the above, the petitioner's father's own brother had preferred an application to the respondent requesting to issue a community certificate and the same was rejected by the respondent as well as the State Level Scrutiny Committee. Against which, he filed a Writ Petition before this Court in W.P.No.30974 of 2017 and this Court, vide order dated 30.01.2018, allowed the writ petition and directed the respondent therein to issue a community certificate to him and thereafter, the respondent therein issued community certificate to him on 04.04.2018.
3. It is the further case of the petitioner that based on the above certificate, the petitioner's father was also issued with community certificate
stating that he belongs to Kurichchan Community. In this circumstance, the petitioner applied for online community certificate and the same was rejected without considering the documents produced by the petitioner. Hence, the petitioner is constrained to move the present Writ Petition.
4. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondent and perused the materials placed before this Court.
5. On perusal of the records, it is seen that the petitioner's father is having a community certificate that he belongs to Kurichchan (ST) Community and the State Level Scrutiny Committee had also confirmed the same. The authority, without considering any of the documents submitted by the petitioner, has straight away passed an order dismissing the petitioner's application, which indicates total non-application of mind.
6. It is unfortunate to note that the rejection order has been passed without considering the community certificate produced by the petitioner. We have been repeatedly observing that a community comprises the members of the family and also members of the same group or tribe or caste and that the children derive their community from their parents and members of the family. If they have been given community certificate, their children, are entitled to the said certificate without any further verification. Therefore, the authorities cannot
take a different view and reject the petitioner's application. The authorities are only required to examine their relationship and issue a community certificate.
7. In view of the above, we are inclined to set aside the impugned order passed by the respondent and the matter is remanded to the respondent for fresh consideration. The petitioner is directed to produce all the relevant documents before the respondent. If the petitioner is found entitled, the authority, namely, Revenue Divisional Officer, Hosur, Krishnagiri District, is directed to issue community certificate to the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order.
8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 30-06-2025 ASI
To The Revenue Divisional Officer Hosur, Krishnagiri District
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
ASI W.P. No. 23019 of 2025 and W.M.P No. 25848 of 2025 30-06-2025