Allowed

G.Ling Siva v. The Revenue Divisional Officer

Madras HC6 Jun 2019WP/7537/2019

Case brief

AI extract

What is this about?

Writ petition allowed setting aside impugned order rejecting applications for Community Certificates. Respondent directed to issue certificates to petitioner's daughter and brother within six weeks. Certificate subsequently subject to State Level Scrutiny Committee verification.

What did the court decide?

Impugned order set aside. Respondent directed to issue Community Certificates to petitioner's daughter and brother within six weeks.

G.Ling Siva Vs The Revenue Divisional Officer — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.7537 of 2019
and
WMP.No.8192 of 2019
1. G.Ling Siva
S/o.A.Gopal
2. G.Purusothaman
S/o.A.Gopal ...Petitioners
Vs
The Revenue Divisional Officer,
Mettur, Salem District. ... Respondent

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Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or order or direction in the nature of a Writ calling for the records relating to the order of rejection passed in Na.Ka.1454/2016/T dated 16.05.2017 on the file of respondent, quash the same and direct the respondent to issue Community Certificate to the first petitioner's daughter L.Jayawardini and and the second petitioner that they belong to Kurumans (ST) Community based upon the Community Certificate already issued to the first petitioner, which was verified by the respondent in Na.Ka.2814/2014/T dated 23.07.2014.

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For Petitioner : Mr.S.Doraisamy For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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[Order was delivered by R.SUBBIAH, J]

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The present Writ Petition has been filed seeking quash of the order passed by respondent in Na.Ka.1454/2016/T dated 16.05.2017 and consequently, direct the respondent to issue Community Certificate to first petitioner's daughter L.Jayawardini and second petitioner, who is the brother of first petitioner, that they belong to Kurumans (ST) Community based upon the Community Certificate already issued to first petitioner, which was verified by the respondent in Na.Ka.2814/2014/T dated 23.07.2014.

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First petitioner has obtained Community Certificate from the respondent as early as on 20.05.1994 stating that he belongs to Kurumans (ST) Community and presently he is working as a Welder in Southern Railways, Tiruchirappalli under ST Category. First Petitioner's employer referred his Community Certificate to respondent to verify the genuineness of the same and the respondent, under proceedings No.Na.Ka.2814/2014/T dated 23.07.2014, informed that the first petitioner's Community Certificate is genuine. First petitioner's father submitted an application dated 25.05.2016 to the respondent seeking issuance of Community Certificate for second petitioner/brother of first petitioner. Though respondent has conducted enquiry twice in the year 2016, no Certificate has been issued till date. In the mean time, first petitioner has submitted an application dated 20.02.2019 to the respondent seeking issuance of Community Certificate for his daughter L.Jayawardini. Since no action was taken, first petitioner has submitted another application dated 07.03.2019 seeking issuance of Community Certificate to his daughter and second petitioner/brother. Along with the said application, first petitioner has also enclosed the following documents:

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(1)Community Certificate of first petitioner.

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(2)Genuineness report of first petitioner issued by respondent.

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(3)State Level Scrutiny Committee's report of petitioner's close relative Kaviyarasan. (4)Land document of petitioner's father.

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(5)School Transfer Certificate of petitioners.

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The said application is also pending till date. Hence, petitioners have filed the present Writ Petition.

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Heard learned counsel for petitioner and learned Special Government Pleader for respondent as also perused the materials on record.

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https://hcservices.ecourts.gov.in/hcservices/

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Learned counsel for petitioners submits that once the respondent has found that the Community Certificate issued to the first petitioner is genuine, then there cannot be any impediment for the respondent to issue Community Certificate to first petitioner's daughter and brother/second petitioner.

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The ‘Genuineness Report’ dated 23.07.2014 issued by the respondent reads thus:

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‘

¶24

e/f/2814-2014-o ehs; /7/2014
jfty; fojk;
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tl;lk; ? brf;fhug;gl;o fpuhkk; nfhghy; kfd; yp';frpth
vd;gthpd; FUkd;!; rhjprhd;W bka;jd;ik mwpf;if
mDg;g[jy; ? bjhlh;ghf
ghh;it 1/ bjw;F uapy;nt foj vz;/90,(SCT) 1-31?1 ehs;
29/3/95
2/ kDjhuh; nfhghy; j-bg mh;$Pdd; vd;gth; kDehs;
30/6/14
????????
nryk; khtl;lk; XkY}h; tl;lk; brf;fhug;gl;o fpuhkk; nfhghy; kfd;
yp';frpth vd;gthpd; FUkd;!; rhjprhd;W bka;jd;ik Fwpj;J ghprPyid
bra;jjpy; Roc.1577/94/C ehs; 20/5/94 md;W nkl;L:h; tUtha;
nfhl;lhl;rpauhy; tH';fg;gl;Ls;sJ vd gjptiwapy; cs;s Kd;nfhg;g[fs;
K:yk; bjhpatUfpwJ/ vdnt nkw;go nfhghy; kfd; yp';frpth vd;gtUf;F
tH';fg;gl;l FUkd;!; rhjprhd;W cz;ikjd;ik cilaJ vd;gij
bjhptpj;Jf; bfhs;fpnwd;/
rhh; Ml;rpah;
nkl;L:h;/
bgWjy;
bjw;F uapy;nt nfhl;l mYtyfk;
jdp fpis. jpUr;rpuhg;gs;sp ’

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https://hcservices.ecourts.gov.in/hcservices/

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This Court finds that the genuineness of the first petitioner's Community Certificate has been verified only by the Revenue Divisional Officer and not by the State Level Scrutiny Committee.

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Considering the facts and circumstances of the case, the Writ Petition is allowed and the impugned order passed by respondent in Na.Ka.1454/2016/T dated 16.05.2017, is set aside. Respondent is directed to issue Community Certificates to first petitioner's daughter L.Jayawardini and second petitioner based on the Community Certificate issued to first petitioner, as early as possible, and in any event, within a period of six weeks from the date of receipt of this order. This Court makes it clear that after issuance of Community Certificates to the petitioner's daughter and brother, respondent is at liberty to sent the same and that of the first petitioner for verification to the State Level Scrutiny Committee. No costs. Consequently connected Miscellaneous Petitions on is closed.

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Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
gm
To
The Revenue Divisional Officer,
Mettur, Salem District.

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+1cc to Mr.S.Doraisamy, Advocate, S.R.No.45466

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Writ Petition No.7537 of 2019

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NRJK(CO) CS/12/06/2019

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https://hcservices.ecourts.gov.in/hcservices/

G.Ling Siva v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

G.Ling Siva v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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