L.R.Balaji v. Revenue And Disaster Management Department

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU L.R.Balaji

...Petitioner

Vs.

The Revenue Divisional Officer, Central Chennai Division, Chennai - 600 101.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondent to issue a community certificate to petitioner's children namely, B.Dharshana and B.Sai Shanjeev on the basis of the petitioner community certificate issued by the Additional District Magistrate and Personnel (G) to the Collector of Chennai bearing permanent Certificate No.2643832 dated 10.11.1999 within a stipulated time.

For Petitioner : Mr.N.Naganathan For Respondent : Mrs.C.Sangamithirai Special Government Pleader 1/4

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner seeks a mandamus, directing the respondent to issue community certificate for his children, B.Dharshana and B.Sai Shanjeev on the basis of the community certificate issued to him by the Additional District Magistrate and P.A.(General) to the Collector of Chennai.

2.It is seen from the records that the petitioner has made online applications seeking community certificate. It is not the case of the respondent that the certificate that was issued to the petitioner was found to be not genuine. So long as a valid certificate is held by the petitioner, his children would automatically be entitled to a certificate. 3.This Court as well as the Hon'ble Supreme Court have repeatedly held that when the close relatives and parents have been favoured with a certificate and they are subsisting, the authority cannot refuse issuance of certificate for the children. Hence, there will be a direction to 2/4

the respondent to issue certificates, certifiying that the children of the petitioner belongs to Hindu Kaatunayakkan, a Scheduled Tribe community within a period of four weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of with the above directions. No costs.

(R.S.M.,J.) (K.B.,J.) 01.12.2022 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order To:- The Revenue Divisional Officer, Central Chennai Division, Chennai - 600 101.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

KKN 01.12.2022 4/4