A.K.Natarajan v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.40222 of 2024 A.K.NATARAJAN S/O.A.KANNAPPA REDDY, NO.276, BIG STREET, PANDRAVEDU VILLAGE, PALLIPATTU TALUK, TIRUVALLUR DISTRICT.

Petitioner

Versus

1.THE DISTRICT COLLECTOR TIRUVALLUR DISTRICT, TIRUVALLUR

2. THE REVENUE DIVISIONAL OFFICER TIRUTTANI, TIRUVALLUR DISTRICT Respondents Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order of cancellation of community certificate of the petitioners in Na.Ka.No.J3/3196/2020 dated 10.10.2024 on the file of the 1st respondent quash the same and direct the respondents not to reopen the verification of the community certificate of the petitioner in view of the fact that the community certificate was issued after verification by the State Level scrutiny committee in proceedings No.12874/CV-4(1)/2019-9 dated 4.5.2022 1/5

For Petitioner : Mr.S.Doraiswamy For Respondents : Mr.R.Kumaresan Additional Advocate General assisted by Mr.Vadivelu Deenadayalan Addtional Government Pleader

O R D E R

Heard Mr.S.Doraiswamy, learned counsel for the petitioner and Mr.P.Kumaresan, learned Additional Advocate General instructed by Mr.Vadivelu Deenadayalan, learned Additional Government Pleader for the respondents.

2. The petitioner was favoured with a certificate certifying that he belongs to "Kondareddis", a schedule tribe community by the jurisdictional Tahsildar on 14.12.1982. Thereafter, the said certificate was put to verification process by the State Level Scrutiny Committee and the Committee by its order dated 04.05.2022 confirmed the genuineness of the certificate issued to the petitioner. After the State Level Committee had passed orders, the District Collector has initiated separate proceedings on 10.10.2024 and had cancelled the certificate issued by the Revenue Divisional Officer on 19.04.2018 in favour of the petitioner. This, in our considered opinion, is completely without jurisdiction. 2/5

3. As per the judgment of the Hon'ble Supreme Court in Kumari Madhuri Patil Vs. Additional Commissioner reported in 1994 (6) SCC 241 as well as the manual that has been issued by the State Government regarding verification of community certificates, the final authority lies with the State Level Committee. Once the State Level Committee has affirmed the genuineness of the certificate, the District Collector has no jurisdiction to re-determine the issue.

4. Hence, this Writ Petition is allowed, setting aside the order of the District Collector, Tiruvallur dated 10.10.2024. It is made clear that the respondents cannot launch upon any further enquiry in view of the orders passed by the State Level Committee as early as on 04.05.2022. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) 06.12.2024 kkn Index: No Speaking order 3/5

To:

1.THE DISTRICT COLLECTOR TIRUVALLUR DISTRICT, TIRUVALLUR.

2. THE REVENUE DIVISIONAL OFFICER TIRUTTANI, TIRUVALLUR DISTRICT.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.No. 37214 of 2024 and W.M.P.No. 40222 of 2023 06.12.2024 5/5