R.Pushpakumar v. The Revenue Divional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE R.PONGIAPPAN WRIT PETITION No.27103 of 2018 R.Pushpakumar ... Petitioner Vs.

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

... Respondent Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent to issue Community Certificate to the sons of the Petitioner, viz. P.Harrish Sapu and P.Sabase that they belong to Kurichchan (ST) Community based upon the Community Certificate already issued to the Petitioner and his wife and close blood relatives of the Petitioner. For Petitioner :

Mr.V.Elangovan For Respondent :

Mr.K.Rajendra Prasad Additional Government Pleader

O R D E R

(Order of the Court was made by R.SUBBIAH, J.) Petitioner has come up with the present Writ Petition seeking a direction to the Respondent to issue Community Certificate to his sons, viz. P.Harrish Sapu and P.Sabase, that they belong to Kurichchan (ST) Community, based upon the Community Certificate already issued to him, his wife and his close blood relatives.

2.

According to the Petitioner, he belongs to Kurichchan Community, which is a Scheduled Tribe Community. He obtained Community Certificate from the Respondent on 24.07.1996 stating that he belongs to Kurichchan (ST) Community. His wife viz. G.Shanthi was also issued Community Certificate by the Respondent on 15.07.1996 to that effect.

3.

On 22.11.2010, the Petitioner preferred an Application to the Respondent requesting to issue ST Community Certificate

to his children, P.Harrish Sapu and P.Sabase. Since his Application was not disposed of, the Petitioner filed a Writ Petition in W.P.Nos.20112 and 20114 of 2012 for a direction to pass orders on his application. On 30.07.2012, this Court directed the Respondent to dispose of the Petitioner's Application within a period of eight weeks. Since no orders were passed by the Respondent, the Petitioner made an Application to the Respondent on 27.08.2014 enclosing a Sworn Affidavit and the following documents, in support of his claim. (i) Petitioner's Community Certificate, dated 24.07.1996 issued by the Respondent;

(ii) Community Certificate of the Petitioner's wife, dated 15.07.1996 issued by the Respondent; (iii) Petitioner's School TC and his Wife's School TC, in which their Community is entered as Kurichchan;

(iv) Community Certificate of the Petitioner's close relatives viz. (i) T.Devarasu (ii) L.Senthil Kumar and (iii) L.Mutharasu; (v) Petitioner's Wife's Service Register 4.

However, the Respondent passed an order on 05.11.2014 rejecting the Petitioner's Application holding that they belong to Kunjigar Community. Challenging the said order, the Petitioner filed W.P.No.21322 of 2015 and this Court, by an order dated 16.07.2015 set aside the order dated 05.11.2014 passed by the Respondent and directed the Respondent to issue necessary Community Certificates to the children of the Petitioner, preferably within a period of one week from the date of receipt of a copy of the order.

5.

Thereafter, the Respondent issued a notice to the Petitioner to appear for an enquiry to be held on 28.09.2015. The Petitioner appeared for the enquiry and produced Community Certificates of himself and his wife. On the same day, the Respondent, without any further enquiry, passed an order rejecting his claim holding that during the enquiry, it was found that the Petitioner belongs to Kunjiliar @ Kunjigar Community, and that in the entire Jakkampatti Village, no Kurichchan Community people are residing. Hence, aggrieved by the same, the Petitioner is before this Court. 6.

Learned counsel for the Petitioner submitted that when the Petitioner, his wife and his close relatives possess a valid Community Certificate to the effect that they belong to Kurichchan (ST) Community, there is no impediment for the

Respondent to issue Community Certificates to his children to that effect.

7.

Heard the learned counsel on either side and perused the material documents available on record.

8.

Considering the facts and circumstances of the case and taking into account the submissions made by the learned counsel on either side, we are of the opinion that since Kurichchan (ST) Community Certificates were issued to the Petitioner, his wife and his close relatives, there is no hurdle for the Respondent in issuing Community Certificate to his children, as sought for by the Petitioner.

9.

Accordingly, we direct the Respondent/Revenue Divisional Officer, Dharmapuri, to issue Kurichchan (ST) Community Certificate to the Petitioner's sons (i) P.Harrish Sapu and (ii) P.Sabase, within a period of six weeks from the date of receipt of a copy of this order. We make it clear that after issuance of Community Certificates to the Petitioner's children, the Respondent is at liberty to send the same for verification to the State Level Scrutiny Committee. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII ) //True copy// Sub Assistant Registrar (aeb) To:

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

+1cc to M/s.S.Doraisamy, Advocate SR.No.70998 +1cc to Government Pleader SR.No.71451 W.P.No.27103 of 2018 GMY(23/10/2018)