This writ petition sought a direction to issue Scheduled Tribe Community Certificates to the petitioner's children based on the petitioner's existing certificate. The Court directed the authority to process the application within four weeks.
Directions to consider the application for children's community certificates within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27/7/2015
C O R A M
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI
and
THE HON'BLE MR. JUSTICE M. VENUGOPAL
W.P. No.22562 of 2015
R.Ragavendran ... Petitioner
Vs
The Revenue Divisional Officer
Dharmapuri
Dharmapuri District. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to issue Community Certificate to the children of the petitioner by name Minor.R.Badriyanth and Minor R.Ganish respectively that they belong to Kurumans Scheduled Tribes Community based on the Scheduled Tribe Community Certificate issued in favour of the petitioner (father) and by considering the application/representation submitted by the petitioner dated 22/12/2014 within a time frame fixed by this Court.
For petitioner ... Mr.G.Sankaran For respondent ... Mr. R. Rajeswaran Special Government Pleader
O R D E R
(Order of the Court was made by SATISH K.AGNIHOTRI,J)
Mr. R. Rajeswaran, learned Special Government Pleader, accepts notice for the respondent. With the consent of the learned counsel on either side, the writ petition is taken up for disposal, at the admission stage itself.
2 This writ petition is filed seeking a mandamus directing the respondent to issue Community Certificate to the children of the petitioner by name Minor.R.Badriyanth and Minor R.Ganish respectively that they belong to Kurumans Scheduled Tribes Community based on the
Scheduled Tribe Community Certificate issued in favour of the petitioner (father) and by considering the application/representation submitted by the petitioner dated 22/12/2014 within a time frame fixed by this Court.
3 The petitioner, claiming that he belongs to Kurumans (S.T) community, has made an application on 22nd December, 2014 to the respondent, seeking issuance of such community certificate to his children viz., Minor.R.Badriyanth and Minor R.Ganish. Since no order has been passed on the said application, he has come up with the instant writ petition seeking the aforestated relief.
4 From a perusal of the petitioner's application dated 22nd December, 2014, it is manifest that in support of his claim that he belongs to Kurumans (S.T.) community, he has annexed therewith the copies of his community certificate as well as of his wife.
5 By this petition, the petitioner is seeking a direction to the authority concerned to consider his application and issue community certificate to his children accordingly. We have been repeatedly observing that a community comprises not only the members of the family, but, also the members of the same group or tribe. In the case on hand, when the petitioner has been issued with community certificate to the effect that he belongs to Kurumans (S.T.) community, as a natural corollary, his children are also entitled to get such community status and we are at a loss to understand as to why the petitioner's application dated 22nd December, 2014 has been kept pending, contrary to the direction of the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1 and several other decisions.
6 Needless to state that if any doubt crops up in the mind of the competent authority qua the genuineness of the community certificate issued to the petitioner while considering his application for grant of the same certificate for his children, the only course open to the competent authority is to refer the same to the State Level Scrutiny Committee, but, not to take a contrary stand by dis-crediting the same. The said community certificate is subject to further verification by the State Level Scrutiny Committee. In other words, if the competent authority has any doubt about the genuineness of the community certificate issued to the petitioner, he has no competence to ignore the same, unless the same is set aside or modified by the higher authority, i.e., the State Level Scrutiny Committee and he can only refer the matter to the State Level Scrutiny Committee.
7 In view of the foregoing, we direct the authority concerned to consider and pass orders on the petitioner's application dated 22nd December, 2014 on merits and in accordance with law, after
1 (1994) 6 SCC 241
conducting enquiry as per the guidelines laid down by the Supreme Court in Kumari Madhuri Patil (supra). The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
8 The writ petition stands disposed of accordingly. No costs.
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
mvs.
To
The Revenue Divisional Officer
Dharmapuri
Dharmapuri District.
1 cc to Government Pleader.Sr.No.38508
2 cc to Mr.G.Sankaran , Advocate Sr.No.38586
W.P. No.22562 of 2015
ppa(co)
pmk.31.7.2015
2 issues framed by the court
Whether the respondent authority is directed to issue Community Certificate to the petitioner's children given the father's certificate.
What timeline should be fixed for the competent authority to consider the application on merits.
Colour shows how this judgement treated each authority
Kumari Madhuri PatilReferred¶19
Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others (1994) 6 SCC 241 · Who else cites this
R.Ragavendran
The Revenue Divisional Officer, Dharmapuri
SATISH K. AGNIHOTRI
M. VENUGOPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
