The Collector v. D.Loganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE N.MALA Review Application No. 188 of 2023

1. The Collector, Salem, Salem District.

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

... Petitioners vs.

1. D. Loganathan

2. The Regional Manager (P&IR) Southern Zonal Office, No.153, LIC Building, Anna Salai, Chennai 600 002.

... Respondents Review Application has been filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, against the Order passed in WP No.27965 of 2023 dated 26.09.2023.

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For Petitioners : Mr. P.Baladhandayutham Special Government Pleader For Respondents : Mr. S.Doraisamy

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.) The Review Petition has been filed seeking review of the order of the Division Bench dated 26.09.2023.

2. The prayer in the Writ Petition was for a Mandamus directing the second respondent viz. the Revenue Divisional Officer, Mettur to implement the order of the State Level Scrutiny Committee and issue Community Certificate to the petitioner and his two minor daughters viz. Sharmila and Lavanya to the effect that they belonged to Hindu Konda Reddis Community. Originally the petitioner in the Writ Petition Mr.Loganathan, was favoured with the certificate that he belongs to Konda Reddis a Schedule Tribe Community by the Tahsildar, Hosur on 20.05.1981. 2/7

3. The said Community Certificate was sent for verification to the State Level Scrutiny Committee. The State Level Scrutiny Committee, after conducting a detail enquiry and after considering nearly about 25 documents that were produced and the Report of the Anthropologist concluded that the individual viz. Loganathan in fact belongs to Hindu Konda Reddis a Schedule Tribe Community. It however concluded that the Certificate issued by the Tahsildar, Hosur, on 20.05.1981 may not be valid since the individual happened to be a native of Thalavadi Village in Mettur Taluk of Salem District. Therefore, according to the State Level Scrutiny Committee, the proper Authority for issuing a Certificate would be the Revenue Divisional Officer, Mettur and not the Tahsildar Hosur.

4. By its order dated 03.07.2023, the State Level Scrutiny Committee while cancelling the Certificate issued by the Tahsildar, Hosur dated 20.05.1981, directed the Revenue Divisional Officer, Mettur, to issue a Certificate to the effect that the individual belongs to Hindu Konda Reddis a Schedule Tribe Community. This order of the State Level Scrutiny Committee is not subject matter of challenge in any proceedings. The Mandamus was issued based on this order.

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5. Now a review is sought on the ground that the Revenue Divisional Officer, Mettur, had in the year 1999 that recommended cancellation of the Certificate issued to Loganathan. That cannot be a ground to entertain the Review Petition. Once the State Level Scrutiny Committee had come to the conclusion that the person belongs to a Schedule Tribe Community, the same cannot be challenged by the Government or other appointing Authorities or the employers. The State Level Scrutiny Committee under the Scheme of things is the ultimate Authority to decide on the genuineness of the Certificates subject only to the jurisdiction exercised by this Court under Article 226 of the Constitution of India.

6. In the case on hand, admittedly, the State Level Scrutiny Committee has issued a direction to the Revenue Divisional Officer, Mettur, to issue a Community Certificate to Mr.Loganathan, to the effect that he belongs to Hindu Konda Reddis a Schedule Tribe Community. This order has become final. There has been no further challenge to it. 4/7

7. Hence the Review Petition does not deserve merit as we do not find any error on the face of the record in the order of the Division Bench which is sought to be reviewed. Hence the Review Petition is dismissed. No costs. (R.SUBRAMANIAN, J.) (N.MALA, J.) 13.03.2025 jv Index: No Speaking order To

1. The Collector, Salem, Salem District.

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

3. The Regional Manager (P&IR) Southern Zonal Office, No.153, LIC Building, Anna Salai, Chennai 600 002.

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R.SUBRAMANIAN, J.

and N.MALA, J.

jv 13.03.2025 7/7