Allowed

K.Kumar v. the Revenue Divisional Officer

Madras HC20 Sept 2023WP/27602/2023

Case brief

AI extract

What is this about?

The High Court directed the Revenue Divisional Officer to issue community certificates to petitioners 2 to 7 belonging to the Kurumans (ST) community. This order was based on the verified certificate of the 1st petitioner and the principle that family members derive their status from verified parents without further scrutiny.

What did the court decide?

Directed the Revenue Divisional Officer to issue community certificates to petitioners 2 to 7 confirming their belonging to Kurumans (ST) within 4 weeks.

K.Kumar Vs the Revenue Divisional Officer — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No. 27602 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.09.2023

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS. JUSTICE N.MALA

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W.P.No. 27602 of 2023 and W.M.P.No.27056 of 2023

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1.K.Kumar

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2.K.Suresh

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K.Sabariswari

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Minor S.Yazhini Rep. By his father and Natural Guardian K.Suresh

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5.S.Thangesh Rep. By his father and Natural Guardian K.Suresh

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6.K.Inbarasu, Rep. By his mother and Natural Guardian K.Sabariswari

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K.Mythra Rep. By his mother and Natural Guardian K.Sabariswari ..Petitioners

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Vs.

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Page No:1/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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The Revenue Divisional Officer Dharmapuri,

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Dharmapuri District. ..Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to issue community certificate to the petitioners 2 to 7 that they belong to Kurumans (ST) Community based upon the community certificate already issued to the 1^st petitioner which was confirmed by the State Level Scrutiny Committee in Proceedings No.9368/CV-3(2)/2022 dated 03.07.2023.

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For Petitioners : Mr.R.Suresh Kumar

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For Respondent : Mr.E.Vijay Anand Additional Government Pleader

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ORDER

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(Order of the Court was made by J.Nisha Banu,J.)

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This Writ Petition has been filed to direct the respondent to issue

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community certificate to the petitioners 2 to 7 that they belong to Kurumans (ST) Community based upon the community certificate already issued to the 1^st petitioner which was confirmed by the State Level Scrutiny Committee in Proceedings No.9368/CV-3(2)/2022 dated 03.07.2023.

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Page No:2/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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Mr.E.Vijayanand, learned Additional Government Pleader

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takes notice for the respondent. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

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The case of the 1st petitioner is that he belongs to Kurumans (ST) community which is classified as Scheduled Tribe community.

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He studied upto 10th standard. His wife also belongs to Kurumans (ST) community. The 1st petitioner and his wife and children obtained community certificate from the respondent on 10.08.2015. Further, his community certificate was verified by the State Level Scrutiny Committee on 03.07.2023 and found that his community certificate dated 10.08.2015 is genuine.

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(ii). The 2^nd and 3^rd petitioners herein are the younger brother and younger sister of the 1^st petitioner. 4^th and 5^th petitioners are the children of the 2^nd petitioner and the 6^th and 7^th petitioners are the children of the 3^rd petitioner. The 3rd petitioner's husband also belongs to Kurumans (ST) community

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(iii). The 1^st petitioner preferred an application to the respondent on 28.10.2020 requesting to issue community certificate to his brothers and

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Page No:3/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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sisters and their children. However, the respondent informed that, his community certificate was sent to the State Level Scrutiny Committee for verification and after receipt of the report from the State Level Scrutiny Committee, the community certificate will be issued to the petitioners 2 to 7. Thereafter, he made representation to State Committee on 03.03.2021 and 13.09.2021 requesting to proceed with the enquiry regarding genuineness of social status and verification of Kurumans (ST) community certificate issued by the Revenue Divisional Officer, Dharmapuri dated 10.08.2015.

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(iv). Since no order was passed, the 1^st petitioner filed a writ petition in W.P.No.12086 of 2022 and this Court vide order dated 05.05.2022, directed the 1st and 2nd respondents therein to complete the enquiry and pass orders on merits within a period of eight weeks from the date of receipt of a copy of the said order. Thereafter, the State Level Scrutiny Committee, after examination of all reports and documents, found that the community certificate issued to the 1^st petitioner is genuine vide proceedings No.9368/CV-3(2)/2022 dated 03.07.2023.

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Page No:4/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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Learned counsel appearing for the petitioner would submit

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that based on the above order dated 05.05.2022 in W.P.No.12086 of 2022, the

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petitioner preferred an application to the respondent on 07.07.2023 requesting to issue community certificate to the petitioners 2 to 7. However, no certificate was issued by the respondent till date. Hence, the present writ petition.

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Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent and perused the materials available on record.

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We have been repeatedly observing that a community

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comprises the members of the family and also members of the same group or tribe or caste and that the children derive their community from their parents and members of the family. If they have been given community certificate, their children, are entitled to the said certificate without any further verification. When the community certificate issued in favour of the 1^st petitioner has been verified and approved by the State Level Scrutiny Committee, it is not open to the competent authority to take a contrary view

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Page No:5/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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dis-crediting the view taken by the State Level Scrutiny Committee, which is tantamount to overriding the authority of the State Level Scrutiny Committee.

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In the present case, as the 1^st petitioner (own brother of the 2^nd

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and 3^rd petitioners), who has been issued with the certificate that he belongs to Scheduled Tribe Community of Kurumans, the authorities cannot take a different view. Further, it is for the authorities to examine their relationship and issue community certificate. In similar circumstances, this Court in W.P.No.20809 of 2023 dated 13.07.2023 has passed an order directing the Revenue Divisional Officer to issue certificate to the effect that the petitioner therein and his children belong to Scheduled Tribe Community of Kurumans.

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Considering the fact that the Certificate of the 1st petitioner (own brother of the 2^nd and 3^rd petitioners) had been verified by the State Level Scrutiny Committee and has been certified to be genuine, the Revenue Divisional Officer, Dharmapuri, the original Authority has no discretion but to issue a Community Certificate in favour of the 2^nd and 3^rd petitioners and their children (4^th to 7^th petitioners).

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Page No:6/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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In view of the above, Revenue Divisional Officer, Dharmapuri/respondent, is directed to issue a Certificate to the effect that the

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1^st petitioner's brother K.Suresh, his sister K.Sabariswari, and their children viz., Minor S.Yazhini, S.Thangesh, K.Inbarasu, and K.Mythra (2^nd to 7^th petitioners) belong to Scheduled Tribe Community of Kurumans within a period of four(4) weeks from the date of receipt of a copy of this order.

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The Writ Petition is disposed of with the above directions. No costs. Consequently connected miscellaneous petition is closed.

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(J.N.B.,J.) (N.M.,J.) 20 . 09.2023

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Index : Yes / No Speaking Order : Yes/No Internet:Yes/No Neutral Citation: Yes/No msv

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To The Revenue Divisional Officer

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Page No:7/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27602 of 2023

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Dharmapuri, Dharmapuri District.

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J.NISHA BANU,J. And N.Mala,J.

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msv

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W.P.No. 27602 of 2023 and W.M.P.No.27056 of 2023

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20.09.2023

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Page No:8/8

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https://www.mhc.tn.gov.in/judis

K.Kumar v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

K.Kumar v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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