Madras High Court
R.Dhanapal vs The Revenue Divisional Officer on 4 November, 2022
W.P.No.29229 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.29229 of 2022
and
W.M.P.No.28521 of 2022
R.Dhanapal ...Petitioner
Vs.
The Revenue Divisional Officer,
Attur, Salem District. ...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order dated 19.07.2022 made in
application No.TN-5202207098774, Transaction Reference
No.TNCIT00000000657221 on the file of the respondent to quash the same
and consequently directing the respondent to issue community certificate to
the petitioner son namely Minor D.Dharshan as “Hindu Malaikkuravan
Scheduled Tribe Community”.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.29229 of 2022
For Petitioner : Mr.N.Naganathan
For Respondent : Mrs.C.Sangamithirai,
Special Government Pleader
**********
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Mrs.C.Sangamithirai, learned Special Government Pleader takes
notice for the respondent.
2. Considering the scope of the controversy and the materials
placed before us, the writ petition is disposed of at the admission stage with
the consent of the counsel for the parties.
3. The petitioner is aggrieved by the rejection of the claim for
community certificate for his son Dharshan claiming that they belong to
Scheduled Tribe community called Malaikkuravan.
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W.P.No.29229 of 2022
4. The petitioner applied, on-line, for the community certificate.
The same was rejected on the ground that there is no community called
Malaikkuravan in the list of Scheduled Tribe communities in Tamil Nadu.
This action is against the relevant Government Order. In G.O.Ms.No.1773
dated 23rd June 1984. The community viz., Malakkuravan has been listed as
Scheduled Tribe community at item 23. Subsequently when the controversy
arose as to whether Malakkuravan include Malaikkuravan also, the Director
of Tribal Research Centre issued a clarification on 10.10.2018 which reads
as follows:-
“ In Tamil Nadu, the Malakkuravan
community is identified as Scheduled Tribe and
include in the list of Schedule Tribes of Tamil Nadu
(Serial No.23). The same spelling Malakkuravan
community is also included as a Schedule Tribe in
the list of Scheduled Tribe of Kerala (Serial No.23).
As Tamil people never use the word “MALA”, but
equivalent word, they use is MALAI. So
Malakkuravan has become Malaikkuravan in Tamil
Nadu, but in Kerala, they continued to be Mala and
Malakkuravan. From the available ethnographic
data of Malakkuraavan/ Malaikuravan Community
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W.P.No.29229 of 2022
and from the filed observations, we come to the
conclusion that the people in the Attur Revenue
Division – Attur, Pethanaickenpalayam and
Gangavalli belongs to Malakkuravan/ Malaikuravan
Community.”
5. A Division Bench of this Court in W.P.No.2378 of 2022 by its
order dated 10.06.2022 had taken note of the clarification and concluded
that the Malaikkuravan and Malakkuravan are one and the same.
Consequent upon the judgment of this Court, the State Government has also
issued clarifications on 12.10.2022. Therefore, the rejection on the ground
that this community is not shown as Scheduled Tribe Community in the list
cannot be sustained.
6. Therefore, the writ petition is allowed. The impugned order is
set aside. There will be a direction to the Revenue Divisional Officer, Attur
to pass fresh orders adhering to the clarifications issued by the Government
in letter dated 12.10.2022 and the judgment of the Division Bench of this
Court in W.P.No.2378 of 2022. The said exercise shall be completed within
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W.P.No.29229 of 2022
a period of three (3) months from the date of receipt of a copy of the order.
No costs. Consequently, the connected writ miscellaneous petition is
closed.
(R.S.M.,J.) (K.B.,J.)
04.11.2022
dsa
Index :No
Internet :Yes
Speaking order
To:-
The Revenue Divisional Officer,
Attur, Salem District.
https://www.mhc.tn.gov.in/judis
W.P.No.29229 of 2022
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
dsa
W.P.No.29229 of 2022
04.11.2022
https://www.mhc.tn.gov.in/judis
