Madras High Court
G.Balaji vs The State Level Scrutiny ... on 4 September, 2023
W.P.No.4783 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2023
CORAM :
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.No.4783 of 2023
G.Balaji .. Petitioner
vs
1.The State Level Scrutiny Committee-III
Represented by its Chairman,
State Level Scrutiny Committee-III,
And the Additional Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Chennai-600 009.
2.The District Collector
Thiruvallur District,
Thiruvallur-631 207.
3.The Revenue Divisional Officer
Tiruttani Revenue Division,
Tiruttani, Thiruvallur District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus calling for the
records of the (i) Proceedings of the 3rd respondent in his proceedings in
Na.Ka.No.754/2019/A4, dated 20.09.2019 in so far as the rejection of the
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W.P.No.4783 of 2023
petitioner's claim alone, (ii) Proceedings of the 2nd respondent in his
proceedings in Na.Ka.No.J.3/27352/2020 dated 19.08.2020 and (iii)
Proceedings of the 1st respondent in his proceedings in Proceedings
No.11376/CV-4(1)/2020-6 dated 01.06.2022 and quash the same and
consequently, direct the 3rd respondent to issue community certificate to
the Petitioner by mentioning “Konda Reddis” community which is
coming under the Schedule Tribe Caste list.
For Petitioner : Mr.L.G.Sahadevan
For Respondents : Mr.P.Gurunathan
Additional Government Pleader
ORDER
(Order of the Court was made by V.LAKSHMINARAYANAN,J.)
The petitioner claims to belong the Konda Reddi Community,
which is a Scheduled Tribe Community under the Constitution of India.
The petitioner completed his education and attempted to get employment
in the Government. Since the Community Certificate is essential for such
employment, he applied to the second respondent on 02.05.2018. The
said representation was not considered. Therefore, WP.No.292 of 2019
was filed to consider the representation.
2.By an order dated 08.01.2019, this Court directed the second
respondent to dispose of the representation. Pursuant thereto, his
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W.P.No.4783 of 2023
application for grant of Community Certificate was rejected. Challenging
the rejection order, he filed WP.No.21661 of 2019 to quash the
proceedings of Revenue Divisional Officer, Tirutani dated 24.05.2019.
3.By an order dated 05.08.2019 the said writ petition was allowed
and remanded the matter to the 3rd respondent for fresh disposal. Yet
again, the said representation was rejected, in and by way of impugned
proceedings dated 20.09.2019. He challenged the same by way of a writ
petition in WP.No.29775 of 2019.
4.By an order dated 18.10.2019, this Court had directed the
petitioner to file an appeal as it was an appealable order.
5.The petitioner filed an appeal before the second respondent on
30.11.2019, who rejected the same by his impugned proceedings dated
19.08.2020 holding that the petitioner does not belong to Konda Reddi
community. According to the petitioner, he preferred an appeal to the
State Level Scrutiny Committee which also rejected the same, despite his
specific ground that no spot inspection had been done.
6.The petitioner points out that his father Late Govinda Raja
Reddy had secured a certificate from the Tahsildar on 11.07.1980. The
said order has been enclosed at page No.54 of the typed set of papers. A
perusal of the same shows that Govinda Raja Reddy who was the son of
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W.P.No.4783 of 2023
Gopal Reddy was granted a Konda Reddi Certificate by the Tiruttani
Tahsildar on 11.07.1980.
7.When enquired with the learned Additional Government Pleader,
whether the said certificate has been cancelled, the learned Additional
Government Pleader submitted, on instructions, that the said certificate is
not cancelled and it continues to be in force. Therefore, a close relative
of the petitioner having been given a valid certificate prior to the cut off
date on 11.11.1989, the petitioner will be entitled to the benefit of the
judgment of the Supreme Court in the case of Kandasamy v. Chief
Engineer, Madras Port Trust reported in 1997 (7) SCC 505.
8.Consequently, the impugned proceedings are set aside. There
shall be a direction to the second respondent to issue a Community
Certificate to the petitioner stating he belongs to the Konda Reddi
Community. We are passing this order on the basis of the certificate
issued by the Tahsildar to his father on 11.07.1980. In case, there is any
verification of the certificate and it is found to be false, automatically this
certificate also will stand cancelled. The respondents are directed to issue
community certificate within a period of two (2) weeks from today.
9.With the above directions, this writ petition is disposed of. No
costs.
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W.P.No.4783 of 2023
10.Post the matter on 19.09.2023 under the caption 'for reporting
compliance'.
(J.N.B,J.) (V.L.N,J.)
04.09.2023
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
vs
To
1.The State Level Scrutiny Committee-III
Represented by its Chairman,
State Level Scrutiny Committee-III,
And the Additional Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Chennai-600 009.
2.The District Collector
Thiruvallur District,
Thiruvallur-631 207.
3.The Revenue Divisional Officer
Tiruttani Revenue Division,
Tiruttani, Thiruvallur District.
https://www.mhc.tn.gov.in/judis
W.P.No.4783 of 2023
J. NISHA BANU,J.
and
V. LAKSHMINARAYANAN,J.
vs
W.P.No.4783 of 2023
04.09.2023
https://www.mhc.tn.gov.in/judis
