Madras High Court
S.Engobar vs The Revenue Divisional Officer on 21 September, 2023
W.P.No.27067 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.27067 of 2023
and
W.M.P.No.26511 of 2023
S.Engobar .... Petitioner
vs
The Revenue Divisional Officer,
Thiruvannamalai District. ...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records relating to
the impugned order dated 13.06.2023 made in application No.TN-
52023053111563, Transaction Reference No.13306071527408 on the file of
the respondent and to quash the same and consequently direct the respondent
to issue community certificate to the petitioner as "Hindu Maraikkuravan
schedule Tribe Community" on the basis of community certificates issued to
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Thalapthi, Prathap, Thavasi and Sangeetha by the respondent vide Certificate
Nos.365717, 365718, 365712 and 365710 dated 10.10.2014.
For Petitioner : Mr.N.Naganathan
For Respondent : Mr.E.Vijayanand
Additional Government Pleader
ORDER
(Order of the Court was made by N.MALA, J.,)
This Writ Petition has been filed challenging the order dated
13.06.2023 made in application No.TN-52023053111563, Transaction
Reference No.13306071527408 on the file of the respondent and
consequently direct the respondent to issue community certificate to the
petitioner as "Hindu Maraikkuravan Schedule Tribe Community" on the basis
of community certificates issued to Thalapthi, Prathap, Thavasi and
Sangeetha by the respondent vide Certificate Nos.365717, 365718, 365712
and 365710 dated 10.10.2014.
2. The writ petitioner belongs to 'Malaikkuravan Community' which is
classified as Scheduled Tribe community. The petitioner's parents are
uneducated persons and hence, have no knowledge of the procedure regarding
the community certificates. The petitioner's grandfather had four sons viz.,
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W.P.No.27067 of 2023
Manikkam, Chinnu, Krishnan and Subburayan. The petitioner's father's elder
brother namely Krishnan's grand children Thalapathi, Prathap, Thavasi and
Sangeetha were issued ST community certificate by the respondent vide
Certificate Nos.365717, 365718, 365712 and 365710 dated 10.10.2014
respectively. The petitioner's father's other brother namely Chinnu's
grandchildren Munusamy and his children viz., Kamalish and Vetri were also
issued Online ST community certificate by the RDO, Chennai, Madhavaram
Taluk on 14.02.2023 respectively. The petitioner's mother's own sister namely
Mrs.Senji's son namely Arul Kumar obtained a Malaikkuravan ST community
certificate from the Tahsildar, Chengam vide O.A.No.783/86 dated
09.07.1986 and his children namely Ashok Kumar, Jegadeeswari and
Gowtham Kumar were also issued community certificate by the respondent
vide Certificate Nos.365694, 365696 and 365695 dated 10.10.2014
respectively. The said certificates were issued after due enquiry. The
petitioner's online application on 31.05.2023 vide application NoTN-
52023053111563 for issuance of community certificate was rejected citing the
mechanical reason that the blood relatives had not obtained community
certificate from Thiruvannamalai District. Therefore, the petitioner applied
manually on 31.07.2023 which was received by the respondent but the same
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was also rejected without following the Court's order and circular issued by
the Government. According to the petitioner, as the certificates obtained by
the petitioner's close relatives were not cancelled and they continue to be in
force till date, there was no justification for rejecting the petitioner's
application. Hence, the present writ petition for the aforesaid relief.
3. At the time of hearing, the learned counsel for the petitioner
submitted that the Government introduced the online application for issuance
of community certificate vide G.O.MsNo.524 dated 14.10.2010 and therefore,
the petitioner applied online for issuance of community certificate. Learned
counsel submitted that the respondent, while rejecting the community
certificate ought to have conducted an enquiry and given the petitioner an
opportunity to produce the documents and establish his claim for issuance of
community certificate. Learned counsel further submitted that the respondent
erred in rejecting the application overlooking the certificate issued to his
close relatives viz., father's brother's grandchildren and his mother's own sister
Mrs.Senji's children. Learned counsel relied on the judgment of the Hon'ble
Supreme Court in State of Bihar Vs Sumit Anand 2005(12) SCC 248 and the
judgment of the Division Bench of this Court in W.P.No.19251 of 2015
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(D.Ruthiran v. The Revenue Divisional Officer, Dharmapuri) in support of
his contention that the respondent ought to have issued the community
certificate to him on the basis of the community certificates issued to his
father's brothers grandchildren and his mother's own sister Mrs.Senji's
children.
4. Learned Additional Government Pleader appearing for the
respondents submitted that the Government had issued a Manual laying down
the procedure for issuance of Scheduled Caste and Scheduled Tribes
Certificates. As per the procedure laid down by the Government, the
Application for issuance of community certificate could be made in two ways.
One, the Traditional/ Manual method and the other Online Method/ through
Web based services (vide G.O.Ms.No.524 dated 14.10.2010). Learned counsel
for the respondent submitted that as the petitioner had submitted his
application online, the respondent rejected the same after following the
procedures contemplated for consideration of the certificates made Online.
Learned counsel further submitted that the respondent having followed the
procedure strictly, the rejection of the petitioner's application could not be
faulted with.
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5. Learned counsel for the petitioner submitted that though the
procedure for submission of application may be different while considering
the application, particularly, when the same is rejected, the procedure
provided for Tradition/Manual Method has to be followed. Learned counsel
further submitted that there could not be two procedures particularly while
rejecting the community certificate.
6. We have heard both the counsels and we have perused the materials
available on record.
7. In the Manual for verification of community certificate published by
the Government, Clause 3.9 lays down the procedure for issuance of
Scheduled Caste/Scheduled Tribe community certificate. For better
appreciation of the case, the procedure under Clause 3.9 of the Manual on
Scheduled Castes/ Scheduled Tribes Community Certificates-Issuance and
Verification, is extracted as follows:
3.9. Procedure for Issuance of Scheduled
Caste/Scheduled Tribe Certificates.-
A. Traditional/Manual Method. -
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W.P.No.27067 of 2023
(1) The application for grant of social status certificate shall
be made to the Tahsildars (in case of Scheduled Castes)
and Revenue Divisional Officers/Sub-Collectors/Assistant
Collectors/Personal Assistant (General) to Collector of
Chennai (in case of Scheduled Tribes).
(2) The authority competent to issue the community
certificate, on receipt of the application, shall investigate
the application in an open and transparent fashion,
affording opportunity of hearing.
(3) On receipt of the application from the candidate, the
competent Revenue officer authorized for issuing
Scheduled Caste and Scheduled Tribe Community
Certificates shall himself visit the candidate's local place
of residence and make enquiries with the candidates; his
parent/guardian; blood relatives; local residents (tribes
and non-tribes); such other person who have knowledge
of the social status of the candidate, local revenue offers
such as VAO, Ri; etc., in an open and transparent fashion.
(4) On completion of due inquiry and proper verification of
records/documents collected during the field enquiry, the
above authority has the following three options for
disposal of such applications:-
i. The competent authority (RDO/Tahsildar) can issue
the certificate applied for, if he is fully satisfied.
ii. If it is found after due inquiry that the request is not
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feasible of compliance, the competent authority can
reject it and issue a speaking order to the applicant
and close the papers.
iii. If the application is submitted with insufficient
details or if it is found that additional details are
required after inquiry, the authority can direct the
applicant to renew the request with full details in a
complete shape and close the papers.
(5) In the cases, where the issuing authority is fully satisfied
that the claim of the candidate or parent or guardian, as
the case may be, that he belong to that community is
correct, the above authority shall issue the permanent
Community Certificate card to the candidate concerned.
(6) The competent authority while issuing community
certificate, should consider the Scheduled Tribe
community issued in favour of the parents and close
relatives of the applicants, subject to verification of the
relationship and until the above Scrutiny Committee, the
competent authority should accept the same and issue
Scheduled Tribe Community Certificate to the applicants.
8. As far as the procedure for Online Method/ through web based
services is concerned, the procedure is as follows:
B. Online Method/through Web based services.
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(G.O. (Ms) No.524, Revenue (RA2(2) Department, dated
14.10.2010 and Tamil Nadu e-District Application Training
Manual)
(1) The application may be submitted online in the prescribed
format. To begin with the citizen's identity details (Citizen
Registration) are entered either directly in the prescribed
format (online) or through the People's Computer Centres
(kf;fs;fzpdpikak;) or Browsing Centres or any other source.
(A People's Computer Centres operator can log in to the e-
District Application using the User ID and Password).
(2) On submission of the citizen's identity details, the citizen is
provided with the Citizen Account Number (CAN) online
consisting of 13 digits. This Citizen Account Number must
be repeated by the citizen in future as it will save time in
filling up data time and again.
(3) The People's Computer Centre may collect nominal
charges for the services rendered.
(4) Once the online application is filled up and submitted
along with the required documents being scanned and
attached, it will be sent online to the Village
Administrative Officer/Revenue Inspector (VAO/RI). An
unique Application ID will be generated and
acknowledgement will be issued to the applicant by the
People's Computer Centres (kf;fs;fzpdpikak;) operator.
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(Each Village Administrative Officer/ Revenue Inspector
(VAO/RI) will be provided with a User ID and Password).
The hard copy of the application along with the required
attachments will be handed over to the VAO by the
People's Computer Centres (kf;fs;fzpdpikak;) staff and an
acknowledgment will be collected from the VAO by the
People's Computer Centres (kf;fs;fzpdpikak;) staff.
(5) The VAO/RI will ascertain the genuineness of the request,
as is done traditionally as to whether a certificate can be
issued. (A print out may be taken found necessary). After
the application is recommended/not recommended by the
VAO, the application is forwarded to the RI to review the
same (This is done online). On being recommended / not
recommended by the RI, the application is forwarded to
the Zonal Deputy Tahsildar (online).
(6) The Zonal Deputy Tahsildar can see the details of the
application and then will review the details entered by the
VAO/RI. On being satisfied with the information, he will
then issue the certificate with his digital signature being
affixed on the certificate. He also reserves the right to
reject the application in which case the rejection is also
done digitally.
(7) For other certificates the Zonal Deputy Tahsildar will
mark the application Recommended/not recommended
along with his comments and forward it to Revenue
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Divisional Officer.
(8) Revenue Divisional Officer can view the details of the
application and will go through the comments entered by
VAO/RI/ZDT/Tahsildar in case of Community Certificate
(ST) and on being satisfied with the information, he will
approve the application and then issue the certificate with
his digital signature being affixed on the certificate. He
also reserves the right to reject the application in which
case the rejection is also done digitally.
(9) As the digital signature is unique to every officer, it does
not require a manual signature and is valid by itself.
(10)To receive a printed copy, the Applicant CSO Operator
should log in to the e-District Application, type the CAN
(Citizen Account Number) and retrieve the digitally signed
document. This may then be printed out. This Certificate is
legally valid (without any manual signature) due to the
presence of the digital signature and has the same value as
a manually signed certificate.
(11)Those who wish to have manually signed certificates in
addition to digitally signed certificate shall be provided
the same by the authorities concerned on request.
(12)At any point of time, the citizen may use his CAN (Citizen
Account Number) to track the status of the request of his
Certificate.
(13)The mobile number of the Applicant (if filled up on the
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application) will enable a SMS alert indicating the status
of the request.
(14)Tahsildar can review the comment of VAO/RI instantly.
He can approve/disapprove the application. For approved
application digital signature will be used while issuing the
certificate.
(15)In case of negative remarks by RI/VAO the Tahsildar
reserves the right of rejecting/approving the application.
This is also performed digitally.
(16)In case citizen does not request signed copy, digitally
signed certificate is generated by the Tahsildar.
(17)In the case of signed copy, citizen collects certificate from
the Taluk Office.
(18)In the case of digitally signed certificate, people's
computer centre operator downloads the certificate and
prints it.
(19)Citizen provides acknowledgment for receiving the
certificate.
9. From a reading of the two procedures, it is seen that in the procedure
for Traditional/Manual method, while considering and disposing the
application, three options are given to the authority. Option (1) The competent
authority shall issue the certificate applied for, if satisfied. Option (2) If the
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authority finds that the request is not feasible, reject the same by issuing a
speaking order. Option (3) If the application is filed with insufficient details,
the authority can direct the applicant to renew the request with full details and
in a complete shape.
10. In the procedure contemplated for the online method, it is seen that
there is no provision for passing a speaking order and in case of insufficient
details, to direct the applicant to renew the request with full details and in a
complete shape. As the online /web-based services do not require a speaking
order while rejecting the request for community certificate, the respondent
reject the application in a mechanical manner without citing any reasons
which in our view is violative of the principles of natural justice. In the
absence of a speaking order, people are forced to approach this Court
resulting in unnecessary litigations, expenditure and hassle. On a comparison
of two methods, it is seen that persons applying online are deprived of an
opportunity to renew the application with complete details and in full shape.
The case on hand is a classic example of the discriminatory procedure
adopted under online web service method. In the present case, reason for
rejection is that "the petitioner blood relative has not obtained certificate
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from Thiruvannamalai District. Hence, lineage and Enquiry of relatives
could not be done. Blood relatives community certificate and the applicant's
relationship not explained in proper manner." In our view, the failure of the
respondent to give an opportunity to the petitioner to produce the community
certificate of close relatives and to explain his relationship with the blood
relatives who were issued with community certificate before rejecting the
application deprived the petitioner of an opportunity to produce the same
before the authority which is otherwise, available to persons applying
manually. In our view, if the procedure contemplated in manual method is
adopted even for online/ web service method, then litigations can be avoided.
We have referred to the procedures contemplated under the two aforesaid
methods to drive home the point that even while considering the applications
online, the respondents should adopt the procedure given for disposal of
applications under Manual Method, particularly, in the case of rejection of
application, just to ensure that the applicants are not forced to spend their
hard earned money on avoidable litigation.
11. We, therefore, set aside the rejection order dated 13.06.2023
made in Application No.TN-52023053111563, Transaction Reference
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No.13306071527408 of the respondent and direct the respondent to consider
the petitioner's application by giving him an opportunity to produce the
certificates of the petitioner's close relatives and any other document that
would support the petitioner's claim. The said exercise shall be completed
within a period of six weeks from the date of receipt of a copy of this order.
13. The Writ Petition is disposed of with the above directions. No
costs. Consequently, connected miscellaneous petition is closed.
(J.N.B., J.) (N.M., J.)
21.09.2023
vsi
Index : Yes / No
Internet : Yes / No
Neutral citation : Yes / No
To
The Revenue Divisional Officer,
Thiruvannamalai District.
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J. NISHA BANU, J.
and
N.MALA, J.
vsi
W.P.No.27067 of 2023
21.09.2023
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