A.Balakrishnan v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.12200 of 2025 and W.M.P.(MD)No.8966 of 2025 A.Balakrishnan ... Petitioner -Vs1.The Chairman, The State Level Scrutiny Committee, Adi-Dravida & Tribal Welfare Department, Namakkal Kavingar Maaligai, Secretariat, Chennai.
2.The District Collector, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Aranthangi Division, Aranthangi, Pudukkottai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent vide Na.Ka.E-1700915/2024/Q1, dated
27.03.2025 and quash the same as illegal and consequently, to direct the 2nd respondent to issue community certificate to the petitioner's legal heirs viz., Parthasarathy, Devesh certifying them as Hindu Scheduled Tribe "Kattunayakkan Community" in the light of the community certificate already possessed by the petitioner in respect of Scheduled Tribe "Kattunayakkan Community" and pass orders in accordance with law within a period that may be stipulated by this Court. For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates For Respondents : Mr.M.Sarangan, Additional Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] Challenging the order passed by the 2nd respondent dated 27.03.2025, the petitioner has filed this Writ Petition with a consequential direction to the 2nd respondent to issue community certificate to the petitioner's legal heirs viz., Parthasarathy, Devesh certifying them as Hindu Scheduled Tribe "Kattunayakkan Community" in the light of the community certificate already possessed by the petitioner in respect of Scheduled Tribe "Kattunayakkan Community" and pass orders in accordance with law within a period that may be stipulated by this Court. 2.According to the petitioner, he belongs to Kattunayakan Community. He has a valid community certificate. Based on the same, he has made application
through online, seeking community certificates to his sons. However, the same was rejected by the 4th respondent, stating that the Tahsildar has not recommended the application of the petitioner. As against the same, the petitioner has filed an appeal before the 2nd respondent. Since the same was kept pending for a long time, the petitioner has filed W.P.(MD)No.1999 of 2024, seeking issuance of community certificate, which was dismissed on the ground that when the appeal was pending, the direction sought for by the petitioner cannot be granted. Therefore, the petitioner again filed W.P.(MD)No.12779 of 2024, seeking for a direction to the 2nd respondent to dispose of the appeal, wherein this Court, vide order dated 18.06.
2024, directed the 2nd respondent to dispose of the appeal within a period of three months, after affording opportunity to the petitioner. Pursuant to the said order, the 2nd respondent issued a notice on 08.03.2025, directing the petitioner to appear before the authority on 25.03.2025 along with relevant records. Therefore, the petitioner appeared before the authority and produced the records. However, the 2nd respondent, vide proceedings dated 27.03.2025, rejected the request of the petitioner, stating that the petitioner has not produced any documents relating to the community of his blood relative. Challenging the same, the petitioner has filed this Writ Petition. 3.
verified by the State Level Scrutiny Committee. If the father has a community certificate, then the children are generally entitled to claim the same community status. Therefore, the impugned order passed by the 2nd respondent cannot be sustained.
4.For the above reasons, the impugned order passed by the 2nd respondent is set aside and this Writ Petition is allowed. The 2nd respondent is directed to issue community certificate to the petitioner's sons as claimed by the petitioner within a period of two weeks from the date of receipt of a copy of this order. It is needless to mention here that if the respondents are of the view that the community certificate of the petitioner was obtained by playing fraud, the respondents shall take steps to cancel the same in accordance with law and the certificates of the petitioner's children will follow the fate of the petitioner's certificate. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 25.04.2025 NCC : Yes / No Index : Yes / No Yuva
To 1.The Chairman, The State Level Scrutiny Committee, Adi-Dravida & Tribal Welfare Department, Namakkal Kavingar Maaligai, Secretariat, Chennai.
2.The District Collector, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Aranthangi Division, Aranthangi, Pudukkottai District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.12200 of 2025 25.04.2025