K.Saravanan v. The Chairman / Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.26402 of 2024 K.Saravanan
...Petitioner
-Vs1.The Chairman/Secretary to the Government, The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar Tribal Welfare Department, Secretariat, Chennai-9.
2.The District Collector, Pudukottai District.
3.The Revenue Divisional Officer, Aranthangi Division, Pudukottai District.
...Respondents
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 3rd respondent in its online rejected applications No. TN5202403116955 and TN5202403117033 dated 09.05.2024 and quash the same as illegal and consequently direct the 3rd respondent to issue the Hindu - Kattunayakkan Scheduled Tribe (ST) Community Certificate to the petitioner two daughter namely S. Sathanashiri and 1/5
S.Akshayashiri on the basis of the State Level Scrutiny Committee has issued the geneunity certificate to the petitioner and the petitioner community certificate is genuine, in its proceedings No.11845/CVII/2013-4, dated 03.03.2015 within a period that may be stipulated by this Court.
For Petitioner : Mr.V.Palanichamy For Respondents : Mr.Veerakathiravan Additional Advocate General -II, assisted by Ms.D.Farjana Ghoushia, Special Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed challenging the order passed by the third respondent rejecting the application of the petitioner seeking community certificate to his children and for a consequential direction to the third respondent to issue community certificate to the petitioner's children. 2.According to the petitioner, the petitioner belongs to Kattunayakan Community. He has a valid community certificate. Based on the same, he has made applications before the third respondent through online seeking community certificates to the petitioner's daughters. Further, the first respondent also issued genunity certificate to the petitioner vide proceedings dated 03.03.2015. Even thereafter, the third respondent refused to issue certificates to the petitioner's daughters without any reasons and without giving any opportunity to the petitioner.
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3.It is an admitted case that the petitioner is having a community certificate as he belongs to Kattunayakan community. The said certificate was 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 order passed by the third respondent cannot be sustained. 4.For the above reasons, the order passed by the third respondent is set aside and this writ petition is allowed. The third respondent is directed to issue community certificate to the petitioner's daughters 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.) 17.03.
To 1.The Chairman/Secretary to the Government, The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar Tribal Welfare Department, Secretariat, Chennai-9.
2.The District Collector, Pudukottai District.
3.The Revenue Divisional Officer, Aranthangi Division, Pudukottai District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 17.03.2025 5/5