Kumaresan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD)No.7911 of 2024 Kumaresan : Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

3.The Tahsildar, Kulathur Taluk, Pudukkottai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed in Na.Ka. 1/5

14410/2018/Eq1, dated 04.08.2023 by the first respondent confirming the order passed in Na.Ka.A4/4446/2015 dated 03.09.2016 by the second respondent and quash the same and consequently direct the respondents to grant community certificate to the petitioner's son Meganathan as Hindu Kurumans (ST) by considering the brother-in-law's community certificate, which was issued by the Revenue Divisional Officer, Trichy vide in No.2692083 dated 03.05.1996.

For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

************ [Order of the Court was made by R.SURESH KUMAR, J.] The petitioner has moved the present writ petition challenging the order passed by the first respondent / District Collector dated 04.08.2023, where his appeal seeking for ST certificate for the ST community Kurumans has been rejected. 2.In the said order, the District Collector having considered the Ethnographic enquiry report submitted by the experts and also the report submitted by the Tahsildar as well as the Revenue Divisional Officer, has rejected the said plea. As against the said order, the petitioner can file appeal before the 2/5

State Level Committee, which has already been constituted and is functioning looking after the issues relating to the community certificates for ST communities. Therefore, the petitioner is relegated to go before the State Level Committee, challenging the order passed by the first respondent / District Collector dated 04.08.2023.

3.Accordingly, this Writ Petition is dismissed, by relegating the petitioner to go before the State Level Committee for redressal of his grievance. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. [R.S.K.,J.] & [G.A.M.,J.] 05.04.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

3.The Tahsildar, Kulathur Taluk, Pudukkottai District.

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R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

MR ORDER MADE IN 05.04.2024 5/5