Writ petition challenging rejection of application for Scheduled Tribe community certificate for petitioner's children. High Court directed Response to admit petitioner for personal hearing and decide on merits within four weeks.
Directed first respondent to admit petitioner for personal hearing and pass order on merits by 30.04.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.03.2019
Coram:
The Honourable Mr.Justice R.SUBBIAH and
The Honourable Mr.Justice KRISHNAN RAMASAMY
W.P.No.6401 of 2019
C.Loganathan
...Petitioner
Versus
1.The Collector,
Dharmapuri,
Dharmapuri District.
2.The Revenue Divisional Officer,
Dharmapuri,
Dharmapuri District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to issue community certificate to the petitioner's children viz., 1.L.Gowsalya and 2.L.Logeshwaran to the effect that they belong to Kurumans (ST) community based upon the community certificate already issued to the close relatives of the petitioner namely (i)M.Ravi, (ii)G.Rajappan, (iii)N.Chinnasamy and on the verification report of the 1st respondent committee in respect of N.Chinnasamy.
For Petitioner : Mr.V.Elangovan
For Respondents : Mr.J.Pothiraj, Special Government Pleader
O R D E R (Order of the Court was delivered by R.Subbiah, J.,)
The above Writ Petition has been filed by the petitioner praying for issuance of a Writ of Mandamus directing the respondents to issue community certificate to the petitioner's children viz., 1.L.Gowsalya and 2.L.Logeshwaran that they belong to Kurumans (ST) community based upon the community certificate already issued to the close relatives of the petitioner namely
M.Ravi, G.Rajappan, N.Chinnasamy and based on the verification report of the first respondent committee in respect of N.Chinnasamy.
2.1. It is the case of the petitioner that he belongs to the Kurumans community which is recognized as Scheduled Tribe (ST) Community. As he is an agriculturalist by occupation, there is no necessity for him to obtain community certificate. But now, he is in need of the community certificate for the educational purpose of his children viz., 1.L.Gowsalya and 2.L.Logeshwaran. Hence, he submitted an Application/Representation before the second respondent/Revenue Divisional Officer (RDO) requesting to issue community certificate to his children. Along with the said Application, he has also enclosed necessary documents viz.,
(a) The petitioner's school record, in which his community is entered as Kurumans (ST) community.
(b) The petitioner's daughter L.Gowsalya school certificate in which his community is entered as Kurumans (ST) community.
(c) The petitioner's son L.Logeshwaran school certificate in which his community is entered as Kurumans (ST) community.
(d) Community certificate of M.Ravi who is petitioner's father's brother's grandson.
(e) Community certificate of G.Rajappan who is petitioner's father's brother's son.
2.2. Since the said Application was not considered by the second respondent, the petitioner had filed a Writ Petition in W.P.No.20185 of 2015 before this Court. Pending the said Writ Petition, on 10.07.2015, the second respondent has passed an order rejecting the Application of the petitioner. As against which, the petitioner has filed another Writ Petition in W.P.No.22348 of 2015.
2.3. When the matter came up for hearing on 24.07.2015, this Court issued a notice to R.Manuel Raj, the then Revenue Divisional Officer (RDO) to show cause, as to why, action should not be initiated against him for such a casual work done by him in passing the impugned order dated 10.07.2015 and directed the matter to be listed on 11.08.2015. On 11.08.2015, this Court passed an order directing the said R.Manuel Raj to be present in the Court on 02.09.2015 to submit his explanation. Accordingly, the said Manuel Raj appeared before this Court and withdraw his rejection order. While so, on 28.08.2015, another RDO, K.Ramamoorthy had rejected the Application of the petitioner holding that the petitioner belongs to Kurumba community, and therefore, Kurumans community certificate cannot be issued to his children. Against which, the petitioner had filed yet another Writ Petition in W.P.No.28713 of 2015. Pending the said Writ Petition, it was represented by the learned Special
Government Pleader that the impugned order dated 28.08.2015 was recalled and prayed that liberty may be granted to take a fresh decision on the entire issue. Accordingly, the above Writ Petition was ordered by this Court directing the second respondent to take a decision in accordance with law within a period of four weeks.
(a) The petitioner is directed to produce the genealogical family tree particulars before the first respondent and on
receipt of the same, the first respondent is directed to give an opportunity of personal hearing to the petitioner and then pass appropriate orders on merits and in accordance with law.
(b) The first respondent is directed to pass appropriate orders on or before 30.04.2019.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
mrr
To
1.The Collector,
Dharmapuri,
Dharmapuri District.
2.The Revenue Divisional Officer,
Dharmapuri,
Dharmapuri District.
+1cc to Mr.S.Doraisamy, Advocate SR.No.24247
+2cc to Government Pleader SR.No.24678,28059
W.P.No.6401 of 2019
Time Limit Specified
CP(CO)
GMY(26/03/2019)
3 issues framed by the court
Whether the Community Certificate Committee ought to be directed to admit the petitioner for a personal hearing to pass an order on merits regarding the issuance of community certificates for his chil
Whether the pending second appeal before the State Level Scrutiny Committee in a related matter affords sufficient ground for allowing the current writ petition without going into the merits.
Whether the petitioner is entitled to a community certificate based on certificates of his close relatives.
1 provisions across 1 enactments
C.Loganathan
Collector, Dharmapuri
Revenue Divisional Officer, Dharmapuri
R.Subbiah
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
