N.Suganthar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA N.Suganthar .. Petitioner Vs.

The Revenue Divisional Officer, Dharmapuri.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in the order bearing No. Na.Ka.11906/2015/A4 dated 15.03.2017 passed by the respondent and quashing the same and directing the respondent to issue "Kurumans" Scheduled Tribe Community Certificate to the petitioner within a reasonable time fixed by this Court.

For Petitioner : Mr.M.Radhakrishnan For Respondent : Mr.E.Vijay Anand Additional Government Pleader

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition to quash the order passed by the respondent dated 15.03.2017, bearing No. 1/4

Na.Ka.11906/2015/A4 and for a direction to the respondent to issue "Kurumans" Scheduled Tribe Community Certificate to him. 2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondent and perused the entire materials on record.

3.From the materials on record, it is seen that the petitioner has applied to the respondent for issue of Hindu "Kurumans" Scheduled Tribe Community Certificate to him. The respondent by the impugned order stated that there is doubt about the community certificates of relatives of petitioner and verification of genuineness of said certificates are pending before the State Level Scrutiny Committee. Till the decision of the State Level Scrutiny Committee about genuineness of said certificates, the application of the petitioner is withheld. The petitioner has challenged the order of the respondent.

4. At the time of hearing, the learned counsel appearing for the petitioner submitted that Community Certificate of his elder brother Ravichandran that he belongs to Hindu "Kurumans" Scheduled Tribe Community was held to be genuine. He will produce the said 2/4

proceedings before the respondent and prayed for a direction to the respondent for issue of community certificate taking into consideration of the order passed by the State Level Scrutiny Committee.

5. In view of the same, the petitioner is directed to produce the proceedings of the State Level Scrutiny Committee confirming the community certificate of the petitioner's elder brother Ravichandran as genuine to the respondent, within a period of two weeks from the date of receipt of a copy of this order. On receiving the same, the respondent is directed to consider the application of the petitioner based on the proceedings of the State Level Scrutiny Committee with regard to community certificate of the elder brother of the petitioner, Ravichandran, within a period of four weeks thereafter on merits and pass orders in accordance with law.

6.With the above directions, the Writ Petition is disposed of. No costs.

(V.M.V., J) (R.H., J) 24.02.2023 krk Index : Yes / No Internet : Yes / No 3/4

V.M.VELUMANI, J.

and R.HEMALATHA, J.

krk To The Revenue Divisional Officer, Dharmapuri.

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