K.Siddhan v. The Revenue Divisional Ofifcer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.28221 of 2018 K.Siddhan ..

Petitioner -vsThe Revenue Divisional Officer Dharmapuri Dharmapuri District ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed in Na.Ka.11273/2015/A4 dated 20.10.2016 on the file of the respondent, quash the same and direct the respondent to issue community certificate to the children of the petitioner viz., 1) S.Prabhu 2) S.Vijay and 3) S.Suriya that they belong to Kurumans (ST) Community based upon the community certificate possessed by the petitioner and his brother.

For Petitioner ::

Mr.S.Doraisamy For Respondent ::

Mr.K.Rajendra Prasad Additional Government Pleader

ORDER

(Order of the Court was made by R.SUBBIAH, J.) Petitioner has come up with the present writ petition seeking to quash the order dated 20.10.2016 passed by the respondent and for a direction to the respondent to issue Community Certificate to his children, viz., (i) S.Prabhu (ii) S.Vijay and (iii) S.Suriya that they belong to Kurumans (ST) Community based upon the community certificate possessed by the petitioner and his brother.

2. According to the petitioner, he is working as Conductor in the Tamil Nadu State Transport Corporation Limited, Dharmapuri and he belongs to Kurumans community, which is classified as Scheduled Tribe Community. He has further stated that he obtained community certificate from the respondent on 15.09.1996 stating that he belongs to 'Kurumans' community and that his own brother, K.Selvan was also issued with community

certificate that he belongs to Kurumans (ST) Community by the respondent on the same date.

3.

The petitioner has preferred an application to the respondent on 20.07.2015 for the issuance of community certificate for his children, viz.(i) S.Prabhu (ii) S.Vijay and (iii) S.Suriya. Along with the application, the following documents were enclosed.

(i) The petitioner's community certificate dated 15.09.1996 issued by the respondent (ii) Community Certificate dated 15.09.1996 issued by the respondent to the petitioner's own brother K.Selvan (iii) Petitioner's school records (iv) Petitioner's service register (v) School records and service register of his brother K.Selvan (vi) School Transfer certificates of his children (vii)Community certificates of his close relatives 4.

Since no order was passed by the respondent on his application, the petitioner filed W.P.No.34872 of 2015 for a direction to issue community certificate to his children that they belong to Kurumans (ST) Community, based upon the community certificate already possessed by him and his brother. By an order dated 30.10.2015, this Court directed the respondent to dispose of the petitioner's application within a period of six weeks. Pursuant thereto, the respondent herein issued a notice to the petitioner for an enquiry. During the enquiry, the petitioner produced all the above documents in support of his claim. Thereafter, the respondent conducted a discreet enquiry and passed an order dated 20.10.

2016 holding that the entries in the school records and Birth/Death registers of the petitioner's close relatives show that they belong to 'Kurumba' and 'Kurumbar' Community and forwarded the petitioner's community certificate to the State Level Committee to verify the genuineness of the petitioner's community. Challenging the same, the petitioner is before this Court by way of the present writ petition.

5.

Learned counsel for the petitioner submitted that when the petitioner and his family members possess valid community certificates, the petitioner is entitled to obtain community certificate for his children without any further enquiry. 6.

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

7.

Be that as it may, considering the facts and circumstances of the case, the impugned order dated 20.10.2016

passed by the respondent vide proceedings in Na.Ka.11273/2015/A4, is set aside. The respondent/Revenue Divisional Officer, Dharmapuri is directed to issue community certificates to the petitioner's children, viz., (i) S.Prabhu (ii) S.Vijay and (iii) S.Suriya, based on the community certificates already issued to the petitioner and his brother, as early as possible, and in any case within a period of six weeks from the date of receipt of a copy of this order. 8.

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.

The Writ Petition is allowed with the above direction. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss To The Revenue Divisional Officer Dharmapuri Dharmapuri District +1cc to Mr.S.Doraisamy, Advocate, S.R.No.74914 W.P.No.28221 of 2018 MG(CO) rrs 02/11/2018