G.Muniappan v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE G.Muniappan ... Petitioner vs.
1.The Chairman, The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai - 9.
2.The District Collector, Virudhunagar District.
3.The Revenue Divisional Officer, Sattur Division, Virudhunagar District.
4.The Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records 1/6
relating to the impugned order passed by the second respondent vide in its proceedings in Na.Ka.No.T1/-9/6-4/2023/T1 dated 21.02.2024 quash the same as illegal and consequently direct the third respondent to issue the community certificate of the Hindu-Kattunayakkan Scheduled Tribe (ST) Community Certificate to the petitioner's son G.Jagadheeswara Pandian, granddaughter J.Yasothai and grandson J.Guhan on the basis of the petitioner's community certificate issued by the Village Munsif and the community certificate of petitioner blood relatives issued by the third respondent within a period stipulated by this Court.
For Petitioner : Mr.V.Palanichamy For Respondents : Mr.M.Sarangan Additional Government Pleader
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted challenging the order passed by the second respondent dated 21.02.2024.
2.Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents produced a copy of the Scheme for redressal of the grievances relating to the Community Certificates 2/6
issued by the Government in G.O.Ms.No.147, Revenue [RA-3(2)] Department dated 17.03.2016. As per the said Government Order, the original authority is the Revenue Divisional Officer. The first Appellate Authority is the District Collector. However, the State Level Scrutiny Committee ie., the second Appellate Authority is empowered to conduct a detailed enquiry by affording due opportunity to the parties.
3.Factual findings of these authorities relating to the community of a person is of paramount importance and in the absence of such factual findings, High Court may not be in a position to exercise the powers of judicial review in an effective manner. Disputed facts relating to the community issues cannot be decided by the High Court under Article 226 of the Constitution of India. 4.Therefore, the aggrieved person has to exhaust the remedies contemplated under the Scheme and the final authority is the State Level Scrutiny Committee headed by the Principal Secretary to the Government and the members, who are all well-versed with the custom practice and other aspects relating to the community matters.
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5.The learned counsel appearing for the petitioner would submit that the petitioner has already preferred an appeal before the State Level Scrutiny Committee which is pending.
6.If so, the said appeal may be disposed of by the State Level Scrutiny Committee on merits and in accordance with law as expeditiously as possible.
7.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
[S.M.S.,J.] & [A.D.M.C.,J.] 10.06.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The Chairman, The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai - 9.
2.The District Collector, Virudhunagar District.
3.The Revenue Divisional Officer, Sattur Division, Virudhunagar District.
4.The Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 10.06.2025 (1/2) 6/6