G.Venkatesan v. The District Collector And Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P. Nos.24221 and 24223 of 2019 G.Venkatesan .. Petitioner in W.P. No.24221 of 2019 R.Tamil Selvi .. Petitioner in W.P. No.24223 of 2019 v.

1.The District Collector and Chairman District Level Vigilance Committee, Salem District, Salem.

2.The Sub Collector, Mettur Taluk, Salem District.

..Respondents in all cases Prayer in W.P. No.24221 of 2019: Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the first respondent proceedings Na.Ka.No.150/2018/The-A dated 26.09.2018 and quash the same and direct the respondents to issue Community Certificates to the petitioner G.Venkatesan and his daughter V.Yogashree to the effect that they belongs to the Konda Reddy Scheduled Tribe Community on the basis of the Community Certificate issued to the petitioner's mother O.Sivakami dated 22.11.1978.

Prayer in W.P. No.24223 of 2019: Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the first respondent proceedings Na.Ka.No.150/2018/The-A dated 26.09.2018 and quash the same and direct the respondents to issue Community Certificates to the petitioner to the effect that she belongs to the Konda Reddy Scheduled Tribe Community on the basis of the Community Certificate issued to her father in Sl.No.3571/79 dated 20.11.1979.

For petitioners : Mr.L.Chandrakumar for Mr.N.Naganathan 1/3

For respondents : Mrs.Narmadha Sampath, Additional Advocate General-V assisted by Mr.E.Balamurugan Special Government Pleader COMMON ORDER (Order of this Court was made by R.SUBBIAH,J.) The petitioners have come up with these present Writ Petitions for issuance of Certiorarified Mandamus, calling for the records of the proceedings bearing Na.Ka.No.150/2018/The-A dated 26.09.2018 issued by the first respondent and to direct the respondents to issue them Community Certificates. 2.In the affidavits filed in support of the writ petitions, it is stated that the petitioners belong to Konda Reddi Community. They have approached the Sub Collector, the second respondent for issuance of Community Certificates on 14.09.2015 by producing relevant documents to show that they belong to Konda Reddi community.

Since the petitioners' application was rejected by the second respondent, the petitioners filed an Appeal before the first respondent, who has passed the impugned proceedings confirming the order passed by the second respondent. Feeling aggrieved, the petitioners are before this Court seeking the above direction.

3.When the matters are taken up for consideration, learned Additional Advocate General appearing for the respondents would submit that the petitioners are having appeal remedy before the State Level Scrutiny Committee.

4.In view of the submission made by the learned counsel on either side, this Court is constrained to direct the petitioners to file an Appeal before the State Level Scrutiny Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the State Level Scrutiny Committee is directed to consider the Appeal to be filed by the petitioners, preferably within a period of eight weeks thereafter. The writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar 2/3

To 1.The District Collector and Chairman District Level Vigilance Committee, Salem District, Salem.

2.The Sub Collector, Mettur Taluk, Salem District.

+2 cc to M/s.N.Naganathan,Advocate Sr.No. 102623 AKM/24.01.2020/3P-5C / W.P. Nos.24221 and 24223 of 2019 3/3