P.Vijayakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU and WMP.Nos.29332 & 29333 of 2022 P.Vijayakumar ... Petitioner Vs 1.The District Collector Tiruvannamalai.

2.The Zonal Deputy Tahsildar Chengam Taluk Tiruvannamalai.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order of rejection by the 2nd respondent [Zonal Deputy Tahsildar] the petitioner's application vide TN 5202209147363 dated 21.09.2022 for issuance of community certificate of Backward Class Community - Reddy Ganjam Community and quash the same and direct the respondents to issue the Community Certificate of Backward Class Community viz., Reddy Ganjam to the petitioner's son Praneshwaran.

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For Petitioner : Mr.A.Kumar for Mr.K.J.Sivakumar For Respondents : Mrs.C.Sangamithirai Special Government Pleader

ORDER

[Order of the Court was made by R.SUBRAMANIAN.J] Challenge in the writ petition is to the rejection of the application of the petitioner, for grant of community certificate for his younger son Praneshwaran, certifying that he belongs to Hindu Reddy Ganjam, a Backward Class Community.

2. The online application made by the petitioner has been rejected on the ground that enquiry reveals that the petitioner belongs to Hindu Reddy, which is a Forward Community. The petitioner in support of his contentions has produced the certificate issued to his elder son Yuvaneshwaran on 01.06.2013 by the Zonal Deputy Tahsildar, Chengam Taluk, Tiruvannamalai District. In order to refute the statement made in the counter affidavit to the effect that there is no person belonging to Hindu Ganjam Reddy living in the Village Melravanthavadi, the petitioner has produced at least 72 certificates, certifying persons hailing from Melravanthavadi, as belonging to Ganjam Reddy community. 2/4

3. In view of the said revelation before this Court, we set aside the online rejection made by the Tahsildar, Chengam Taluk, and remit the matter to the Tahsildar, Chengam Taluk. The learned Special Government Pleader has been served with the typed set containing these certificates. She is required to forward the same to the Tahsildar, Chengam Taluk. The Tahsildar is required to take those documents on record, consider them and pass a reasoned order since his order is appealable before the District contempt.

4. This writ petition stands allowed with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. [RSMJ] [KBJ] 02.12.2022 Index : No Speaking order ds To:

1.The District Collector Tiruvannamalai.

2.The Zonal Deputy Tahsildar Chengam Taluk Tiruvannamalai.

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R.SUBRAMANIAN. J., and KUMARESH BABU.J., ds 02.12.2022 4/4