P.Sidhuraji v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2016
CORAM:
THE HON'BLE MR.JUSTICE SATISH K.AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No.89 of 2016 P.Sidhuraji
...Petitioner
vs.
The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.
...Respondent
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified mandamus, calling for the records relating to the order of rejection passed in proceedings No.Na.Ka.10645/2015/A4 dated 28.11.2015 on the file of respondent quash the same and direct the respondent to issue community certificate to the petitioner's sons viz., 1.S.Gunasekaran 2.S.Venkatesan and 3.S.Narasimman that they belong to Kurumans (ST) Community based upon the community certificate already issued to the blood relatives of the petitioner.
For Petitioner : Mr.S.Doraisamy For Respondent : Ms.A.Srijayanthi Special Government Pleader
O R D E R
(delivered by K.K. SASIDHARAN,J.) This writ petition is directed against the order dated 28.11.2015 whereby and where under, the Revenue Divisional Officer, Dharmapuri, rejected the application submitted by the petitioner for issuance of Community Certificate.
2. The petitioner made an application for Community Certificate to his children. The application was considered by the respondent taking into account the certificates produced by the petitioner. The respondent rejected the application primarily on the ground that the petitioner failed to prove his
relationship with those who have been issued with community certificates earlier and relied on by him to prove his community status.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader on behalf of the respondent.
4. The petitioner submitted an application for community certificate along with certain documents, which includes community status certificates issued in favour of some of his relatives. The Revenue Divisional Officer rejected those certificates on the ground that there was nothing on record to prove the relationship between the parties. We are not in a position to approve the course of conduct adopted by the respondent. In case, certificates are produced to prove the community status, the Revenue Divisional Officer is expected to consider those documents. It is open to him to summon the holders of the certificates to prove the relationship and their status. It is true that the initial burden is on the petitioner to prove that he belongs to Kurumans Community.
There is nothing on record to show that the certificates relied on by the petitioner were considered by the respondent on merits after examining the certificate holders. The respondent simply rejected the application without supplementing reasons. We are therefore of the view that the issue requires fresh consideration by the respondent.
5. The order dated 28.11.2015 is set aside and the matter is remitted to the respondent for fresh consideration.
6. The petitioner is directed to produce the documents relied on by him to prove his community status. It is open to the respondent to summon the certificate holders and examine them in case there are no other records to show the relationship. The respondent is directed to consider the matter and pass appropriate orders on merits and as per law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
The writ petition is disposed of as indicated above. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
To The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.
+1cc to Mr.S.Doraisamy, Advocate, S.R.No.5390 +1cc to the Government Pleader, S.R.No.6175 W.P.No.89 of 2016 msm(CO) srg(22/02/2016)