S.Rajaram v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.Nos.24505, 24507 & 24510 of 2023 and W.P.M.P.Nos.23929, 23931 & 23934 of 2023 S.Rajaram .... Petitioner in W.P.No.24505/2023 S.R.Aarthi Avanthiga .... Petitioner in W.P.No.24507/2023 R.R.Saghana .... Petitioner in W.P.No.24510/2023 vs The Revenue Divisional Officer, Vellore.
....Respondent in all the W.Ps.
W.P.No.24505/2023 is filed under Article 226 of the Constitution to issue a Writ of Certiorari to call for the records of the respondent in its No. Nil dated 03.05.2023 insofar as it rejects the petitioner's application (TN5202303115473), for issuance of caste certificate through online portal and quash the same.
W.P.No.24507/2023 is filed under Article 226 of the Constitution to issue a Writ of Certiorari to call for the records of the respondent in its No. 1/6
Nil dated 03.05.2023 insofar as it rejects the petitioner's application (TN520230312102), for issuance of caste certificate through online portal and quash the same.
W.P.No.24510/2023 is filed under Article 226 of the Constitution to issue a Writ of Certiorari to call for the records of the respondent in its No. Nil dated 16.04.2023 insofar as it rejects the petitioner's application (TN520230312247), for issuance of caste certificate through online portal and quash the same.
For Petitioners : Mr.V.Vijayshankar For Respondent : Mr.E.Vijayanand, Additional Government Pleader C O M M O N O R D E R These Writ Petitions have been filed challenging the rejection order dated 03.05.2023, 03.05.2023 and 16.04.2023 respectively passed by the respondent insofar as it rejects the petitioners' applications for issuance of caste certificate through online portal.
2. Mr.E.Vijayanand, learned Additional Government Pleader takes notice for the respondent. By consent of both parties, the main writ 2/6
petitions are taken up for final disposal at the admission stage itself.
3. The petitioner, viz.,S.Rajaram, in W.P.No.24505/2023 and the petitioner viz., S.R.Aarthi Avanthiga, in W.P.No.24507/2023 are father and daughter respectively. Perusal of the records shows that earlier the petitioners' application for issuance of community certificate was rejected. Challenging the same, they filed W.P.No.17985/2012 before this Court, in which, this Court had directed the respondent(RDO) to reconsider the case of the petitioners and thereafter, the RDO had reconsidered the same and issued Schedule Tribe Community Certificate to the petitioners on 05.07.2014. Thereafter, during March 2023, under wrong guidance, the petitioners were under the impression that the community certificate issued through online only will be accepted, and therefore, they once again, applied for issuance of community certificate through online to Revenue Divisional Officer. However, their applications were rejected on 03.05.2023.
4. Similarly, the petitioner in W.P.No.24510/2023 applied for issuance of community certificate to the RDO, Vellore but the same was 3/6
rejected. Therefore, her father filed W.P.No.36131/2016 and pursuant to the direction of this Court, the RDO issued Schedule Tribe community certificate to the petitioner on 11.06.2018. This petitioner also filed an application online for issuance of community certificate but the same was rejected on 16.04.2023. Hence, the above three writ petitions have been filed.
5. It is not disputed that the petitioners were already issued with the Schedule Tribe Community Certificates. However, by way of abundant caution and under wrong guidance, the petitioners have made applications online. The said applications were rejected by the RDO vide the impugned orders. Since the petitioners are already in possession of a community certificate, which will hold good, the rejection of the applications by the RDO without considering the said aspect cannot be countenanced. The prayer of the petitioners for issuance of community certificate through online portal is not necessary.
6. In view of the above, the rejection order No.Nil dated 03.05.2023, 03.05.2023 and 16.04.2023 respectively passed by the respondent in petitioners' Application Nos. TN-5202303115473, TN-520230312102 & 4/6
TN-520230312247 respectively are hereby set aside. The Writ Petitions are allowed to the extent indicated above. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B.,J.) (N.M.,J.) 21.08.2023 Index:Yes/No Speaking/Non-speaking order vsi To The Revenue Divisional Officer, Vellore.
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J.NISHA BANU,J.
and N.MALA,J.
vsi W.P.Nos.24505, 24507 & 24510 of 2023 21.08.2023 6/6