V.Sugumaran v. The District Collector
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2024
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE C.KUMARAPPAN V.Sugumaran
...Petitioner
Vs.
1. The District Collector, Tirupathur District.
2. The Revenue Divisional Officer, Vaniyampadi, Tirupathur District.
3. The Tahsildar, Vaniyampadi, Tirupathur District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent herein made in Mu.Mu.Aa4/2561/2021 dated 14.07.2021, quash the same and consequently direct the respondents herein to issue the Community Certificate to the petitioner as belonging to Hindu Kattunayakan of Schedule Tribes. For Petitioner :
Mr.Mr.S.Kaithamalai 1/5
kumaran For Respondents :
Mr.P.Kumaresan, Addl.Advocate General assisted by Mr. Vadivelu Deenadayalan, Addl. Government Pleader
O R D E R
(Order of the Court was delivered by R.SUBRAMANIAN, J.) We have heard Mr.S.Kaithamalai Kumaran, the learned counsel for the petitioner and Mr.P.Kumaresan, the learned Additional Advocate General VII appearing for the respondents.
2. The application of the petitioner for issuance of a Community Certificate to the effect that he belongs to the Hindu Kattunayakan, a Scheduled Tribe Community, dated 29.11.2010, was rejected, after prolonged correspondence, on the ground that the petitioner is presently residing at Bangalore in Karnataka. This ground of rejection cannot be sustained. Even as per the manual, a person has to apply for a Community Certificate in his place of origin and not at a place where he has migrated. Moreover, the Scheduled Tribe status given to the community will be confined only to the State concerned and the same community may not be a 2/5
Scheduled Tribe Community in another State.
3. From the documents that have been placed before us, it is seen that the petitioner was born in Vaniyambadi and had his education in Vaniyambadi. Therefore, the Revenue Divisional Officer, Vaniyambadi, is the authority to issue a Community Certificate to the petitioner.
4. In the light of the above, the order impugned in the Writ Petition dated 14.07.2021 is set aside. The Revenue Divisional Officer, Vaniyambadi, is directed to give an opportunity to the petitioner to produce his original records. Upon examination of the same, strictly in terms of the manual issued by the State Government in G.O. (Ms). No. 104, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 21.08.2023, the Officer shall issue a Community Certificate, if the petitioner satisfies the requirements and establishes that he belongs to the Scheduled Tribes Community.
5. This Writ Petition is disposed of with the above observations. No costs.
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(R.S.M., J.) (C.K., J.) 10.12.2024 kv
1. The District Collector, Tirupathur District.
2. The Revenue Divisional Officer, Vaniyampadi, Tirupathur District.
3. The Tahsildar, Vaniyampadi, Tirupathur District.
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R.SUBRAMANIAN, J.
and C.KUMARAPPAN, J.
kv 10.12.2024 5/5