S.Sutha v. The Tamil Nadu State Level Scrutiny Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.27978 of 2023 S.Sutha .... Petitioner vs

1. The Tamil Nadu State Level scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 600 009 rep. by its Chairman,

2. The Collector, Salem District, Salem.

3. The Revenue Divisional Officer, Mettur, Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to issue community certificate to the daughters of the petitioner viz., V.Harini Shree and 1/6

S.V.Pradanyaa that they belong to "Kondareddis (ST) community" base dupon the community certificate possessed by the petitioner, her father and her sister pending disposal of the appeal of the petitioner dated 25.02.2020 filed before the 1st respondent.

For Petitioner : Mr.S.Doraisamy For Respondents : Mr.E.Vijayanand, Additional Government Pleader for R1 to R3

O R D E R

(The Order of the court was made by J.Nisha Banu,J.) This Writ Petition has been filed seeking a Writ of Mandamus to direct the 3rd respondent to issue community certificate to the daughters of the petitioner viz., V.Harini Shree and S.V.Pradanyaa that they belong to "Kondareddis (ST) community" based upon the community certificate possessed by the petitioner, her father and her sister, pending disposal of the appeal of the petitioner dated 25.02.2020 filed before the 1st respondent.

2. According to the petitioner, herself, her father and her sister obtained "Kondareddis (ST)" Community Certificates. The said community certificates are valid as on date. However, when the petitioner applied for issuance of community certificate for her children, the same was rejected by 2/6

the 3rd respondent stating that the petitioner belongs to 'Reddy' community and there is no community such as 'Hindu- Reddy or Reddiyar' in the approved community list of the State Government. Aggrieved over the same, the petitioner preferred a writ petition along with similarly placed 96 persons in W.P.No.10628 of 2017 and this Court directed the petitioners therein to approach the 2nd respondent by filing an appeal as per G.O.(Ms) No.147 (Revenue(RA-2(3)) Department dated 17.03.2016. Accordingly, the petitioner preferred an appeal to the 2nd respondent. However, the 2nd respondent, without conducting proper enquiry, confirmed the order passed by the 3rd respondent. As against the order of the 2nd respondent, the petitioner filed W.P.No.

23894 of 2019 and this Court passed an order in the said writ petition directing the petitioner to file an appeal before the 1st respondent committee. Accordingly, the petitioner preferred an appeal to the 1st respondent on 25.02.2020. However, till date, no action was taken by the 1st respondent. The petitioner's daughter V.Harini Shree is studying 12th standard and now, the school authorities are insisting to produce the community certificate. Hence, the present writ petition with the aforesaid relief.

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3. Learned counsel for the petitioner submitted that when the petitioner, her father and her sister were issued with "Kondareddis (ST)" Community Certificates and the same is valid as on date, following the same, the respondents ought to have issued community certificate to her children.

4. However, the learned Additional Government Pleader submitted that the community certificate issued to the petitioner and her blood relatives have been sent to the State Level Scrutiny Committee for verification and the outcome of the same is awaited.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

6. Considering the facts and circumstances of the case and taking into account the submission made by the learned counsel on either side, we are of the opinion that since "Kondareddis (ST) community" certificate were issued to the petitioner, her father and her sister, there is no hurdle for the respondents in issuing community certificate as sought for by the petitioner to her children.

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7. Accordingly, we direct the 3rd respondent/ Revenue Divisional Officer, Mettur, Salem District, to issue "Kondareddis (ST)" Community Certificate to the daughters of the petitioner viz., V.Harini Shree and S.V.Pradanyaa, within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, the Writ Petition is disposed of. No costs. (J.N.B.,J.) (N.M.,J.) 22.09.2023 Index:Yes/No Speaking/Non-speaking order vsi To

1. The Tamil Nadu State Level scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, rep. by its Chairman, Secretariat, Chennai - 600 009

2. The Collector, Salem District, Salem.

J.NISHA BANU,J.

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and N.MALA,J.

vsi

3. The Revenue Divisional Officer, Mettur, Salem District.

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