N.G.Sundaravadivelu v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 26742 of 2025

1. N.G.Sundaravadivelu S/o.Gangadharan, No.35/38, Thandu Mariamman Koil Street, Kaverirajapet Village, Pallipattu Taluk, Tiruvallur District. and 2 Others 2.N.S.Gowtham S/o.N.G.Sundaravadivelu, No.35/38, Thandu Mariamman Koil Street, Kaverirajapet Village, Pallipattu Taluk, Tiruvallur District.

3.N.S.Gnanasoundari, S/o.N.G.Sundaravadivelu, No.35/38, Thandu Mariamman Koil Street, Kaverirajapet Village, Pallipattu Taluk, Tiruvallur District.

Petitioner(s) Vs The Revenue Divisional Officer Tiruttani, Tiruvallur District.

Respondent

PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the rejection order in Application Nos.TN-5202506152862 (N.G.Sundaravadivelu), TN-5202506152767 (N.S.Gowtham) and TN5202309116914 (N.S.Gnanasoundari) dated NIL uploaded on 05.07.2025 on the file of the respondent quash the same and direct the respondent to issue the online Community certificate to the petitioners that they belongs to Kondareddis (ST) Community based upon the Manual Community Certificate already issued to the petitioners dated 23.03.2018.

For Petitioner(s):

Mr. V.Elangovan For Respondent(s):

Mr. Vadivel Deenadayalan Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The Writ Petition has been filed challenging the online rejection order in Application Nos.TN-5202506152862 (N.G.Sundaravadivelu), TN5202506152767 (N.S.Gowtham) and TN-5202309116914 (N.S.Gnanasoundari) dated NIL uploaded on 05.07.2025 and to direct the respondent to issue the Online Community Certificate to the petitioners based upon the Community Certificate already issued to the petitioners that they belong to Kondareddis (ST) Community.

2. The claim of the petitioners is that they belong to Kondareddis Community which is classified as Scheduled Tribe Community. The first petitioner obtained community certificate from the Tahsildar, Purasawalkam - Perumbur Taluk on 29.06.1989 stating that he belongs to Kondareddis (ST) Community and his brother N.G.Elumalai also obtained the Community Certificate. Based on the community certificate of the first petitioner, the second and the third petitioners were also issued with the community certificate after proper verification of documents and enquiry conducted by the Village Administrative Officer, Revenue Inspector and Tahsildar.

3. While so, the Collector, Tiruvallur, without jurisdiction issued notice to the petitioners to appear for enquiry based upon some third-party complaint to verify their community certificate. Accordingly, the petitioners appeared before the Collector, Tiruvallur and submitted all relevant documents. However, the Collector, Tiruvallur, cancelled their community certificate on 10.10.2024. Against which, the petitioners filed a Writ Petition in W.P.No.33926 of 2024 challenging the order passed by the Collector, Tiruvallur. This Court, vide order dated 13.11.2024, passed the following order:-

9. In such circumstances, we have no hesitation to hold that the impugned orders passed by the District Collector, cancelling the ST community certificates issued in favour of the petitioners is liable to be quashed.

10. Accordingly, all the impugned orders passed by the first respondent dated 10.10.2024 are hereby quashed and all the writ petitions are allowed. There shall be no order as to costs. It is always open to the State Level Scrutiny Committee to verify the genuineness of the community certificate issued in favour of the petitioners as they belongs to ST Kondareddis community.

4. In these circumstances, since the community certificate is required to the petitioners, they preferred an application to the respondent on 15.06.2025 requesting to issue the same based on the manual certificate issued to them. However, the respondent rejected petitioners' claim stating that the petitioner's manual certificate has been cancelled by the District Collector. Challenging the same, the present Writ Petition is filed.

5. 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.

6. It is unfortunate to note that the rejection order has been passed without considering the documents produced by the petitioners. 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.

7. In the present case, the petitioners were already issued with the manual community certificate that they belong to Kondareddis (ST) Community, by the Revenue Divisional Officer, Tiruttani Division, Tiruvallur District/ respondent herein, on 23.03.2018. Therefore, the authorities cannot take a different view and reject the applications of the petitioners.

8. In similar circumstances, the Division Bench of this Court in the case of M.Arumugam Vs. The Revenue Divisional Officer, Tambaram, Chennai in W.P.No.2934 of 2025 dated 31.01.20215 has held as follows:- "5. We find it very difficult to accept the statement made in the affidavit, it is clear that the Revenue Divisional Officer, Tambaram, had mechanically rejected the application without even adverting to G.O.Ms.No.104 dated 21.08.2023 which prescribes the detailed procedure for issuance and verification of community certificates. We had also in W.P.No.38828 of 2024 dated 19.12.2024 referred to advisory issued by the Commissioner, Revenue Administration vide his letter dated 04.03.2023, clarifying that the issuing authority will issue online certificate, if the candidate had already been favoured with a manual certificate."

9. In the light of the above, we are unable to sustain the rejection of the online application of the petitioners. Therefore, the online rejection orders in TN-5202506152862 (N.G.Sundaravadivelu), TN-5202506152767 (N.S.Gowtham) and TN-5202309116914 (N.S.Gnanasoundari), respectively, passed by the respondent are quashed. The Revenue Divisional Officer, Tiruttani, Tiruvallur District/respondent is directed to issue online community certificate to the petitioners based on the community certificate already issued to the petitioners that they belong to Kondareddis (ST) Community, within a period of four (4) weeks from the date of receipt of a copy of this order.

10. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 22-07-2025 ASI To The Revenue Divisional Officer Tiruttani, Tiruvallur District.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.P. No. 26742 of 2025 (1/3) 22-07-2025

W.M.P.No.30043 of 2025 in W.P.No.26742 of 2025 J.NISHA BANU J.

and M.JOTHIRAMAN J.

Ordered as prayed for.

[ J.N.B., J. ] [ M.J.R., J. ] 22.07.2025 (2/3) asi

W.M.P.No.30044 of 2025 in W.P.No.26742 of 2025 J.NISHA BANU J.

and M.JOTHIRAMAN J.

Dispensed with for the present.

[ J.N.B., J. ] [ M.J.R., J. ] 22.07.2025 (3/3) asi 22-07-2025