Arunprasad v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.37744 of 2016 Arunprasad ..

Petitioner Vs.

The Revenue Divisional Officer Harur Dharmapuri District.

..

Respondent Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent to consider the petitioner's representation dated 23.9.2016 for the issue of Kurumans ST Community Certificate, based on his father brother Theerthagiri Kurumans Community verification certificate vide proceedings of State Level Scrutiny Committee No.21287/CV111/2013 dated 24.3.2014.

For Petitioner : Mr.M.Ravi For Respondent : Mr.P.Karthikeyan, Govt. Advocate

O R D E R

(Made by Huluvadi G.Ramesh,J) The petitioner has come up with the above writ petition seeking a direction to the respondent to consider his representation dated 23.9.2016 for the issue of community certificate certifying that he belongs to Kurumans ST community.

2. Heard Mr.M.Ravi, learned counsel for the petitioner and Mr.P.Karthikeyan, learned Government Advocate for the respondent.

3. According to the petitioner, he belongs to Kurumans community, which is a Scheduled Tribe. He submitted an application to the Revenue Divisional Officer, Harur, to issue him a Community Certificate certifying that he belongs to Kurumans community, a Scheduled Tribe, along with the certificates issued to his paternal uncle and relatives. Contending that as per the circular dated 21.01.2011, the Revenue Divisional Officer has to issue the community certificate within a period of one week or within 15 days in case of enquiry, but, so far, the Revenue Divisional Officer, Harur, had not issued the community certificate to him, the petitioner has come up with the above writ petition.

4. The Principal Secretary/Commissioner of Revenue Administration has issued a circular on 21.01.2011. As per the said circular, the Revenue Divisional Officer and District AdiDravidar Welfare Officer alone are empowered to issue community certificates to the Scheduled Tribes, on the request made by a person seeking to issue community certificate certifying that he belongs to Scheduled Tribe, within a period of one week or within a period of 15 days, in case of enquiry and such enquiry should be conducted only by the Revenue Divisional Officer.

5. It is not in dispute that the petitioner had submitted his application only to the Revenue Divisional Officer, along with documents supporting his claim. It is for the Revenue Divisional Officer to consider the said application and to pass orders.

6. In view of the above, the writ petition is disposed of, directing the respondent to consider the representation of the petitioner dated 23.9.2016 and to pass appropriate orders, in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

kpl To The Revenue Divisional Officer Harur Dharmapuri District.

+1cc to Mr.M. Ravi, Advocate, S.R.No.64282 +1cc to the Government Pleader, S.R.No.64640 md(29/11/2016) W.P.No.37744 of 2016.