Madras High Court
R.Sanjai vs The District Collector And ... on 22 September, 2023
W.P.No.27789 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.Nos.27789 of 2023
and
W.M.P.No. 27282 of 2023
R.Sanjai
S/o B.Rajendran ... Petitioner
vs
1. The District Collector and Chairman,
District Level Vigilance Committee,
Salem District, Salem.
2. The Sub Collector,
Mettur Dam,
Salem District.
3. The State Level Scrutiny Committee,
rep. by its Chairman,
Additional Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Fort St.George,
Chennai- 600 009 ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus to direct the respondents to issue permanent
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W.P.No.27789 of 2023
community certificate to the petitioner viz., R.Sanjai to the effect that he
belongs to the Konda Reddy Community (Schedule Tribe) on the basis of
the community certificate issued to B.Rajendran, vide community Certificate
dated 09.06.1977
For Petitioner : Mr.L.Chandrakumar
for Mr.N.Naganathan
For Respondents : Mr.E.Vijayanand,
Additional Government Pleader
COMMON ORDER
(The Order of the Court was made by J.Nisha Banu,J.)
The above writ petition has been filed to issue a Writ of Mandamus
to direct the respondents to issue permanent community certificate to the
petitioner viz., R.Sanjai to the effect that he belongs to Konda Reddy
Community (Schedule Tribe) on the basis of the community certificate
issued to B.Rajendran, vide community Certificate dated 09.06.1977
2. (i) It is brought to the notice of this Court that in the writ petition
filed by the petitioner, in the earlier round of litigation, this Court had
passed a common order dated 02.08.2019 in W.P.Nos.7979 of 2019 etc.
batch, in which, at paragraph Nos.8 & 9, it has been held as follows:
“8. Therefore, in all these Writ Petitions, we are of the
opinion that in the absence of cancellation of the community
certificate of the fathers, it is not open for the respondent (s)
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W.P.No.27789 of 2023
to reject the application for issuance of the Community
Certificate for the children. Hence, the children are entitled
for issuance of Community Certificates.
9. Accordingly, this Court directs the respondents to
issue provisional community certificates to the petitioners'
children or the petitioner(s) being children, as the case may
be, by making an endorsement on the same that as per the
directions of this Court the said community Certificate is/are
being issued, subject to the verification of the genuineness of
the same by the State Level Scrutiny Committee. After the
conformity of the genuineness of the said Community
Certificates by the State Level Scrutiny Committee, the
respondents(s) shall issue permanent Community Certificates
to the petitioners' children or the petitioner(s) being the
children, as the case may be.”
(ii) Since the community certificates were not issued to the petitioners
therein, some of the petitioners moved Contempt Petitions separately and in
the contempt petition filed by one C.Govindararaju in Cont.P.No.753/2020,
at paragraph No.7, the Division Bench has passed an order dated
23.08.2022 as follows:
7. In such view of the matter, the State Level Scrutiny
Committee of Tamil Nadu, Represented by its Chairman, Adi-
Dravidar and tribal Welfare Department, Fort St.George,
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W.P.No.27789 of 2023
Chennai - 600 009 is, suo motu, impleaded as a party
respondent in the contempt petition and a direction is issued
to the State Level Scrutiny Committee of Tamil Nadu, to
conduct the enquiry on day to day basis, without adjourning
the matter beyond seven working days at any point of time and
it is further directed to conclude the enquiry, within a period
of six months from the date of receipt of a copy of this order.
In the meantime, the respondents are directed to issue
provisional community certificate with an endorsement that
the provisional certificate is only valid for a period of one
year and cannot be used either for seeking an employment or
for reservation in education or for any other purpose and will
be scrutinized by the State Level Scrutiny Committee of the
Tamil Nadu.
(iii) Subsequently, as against the order passed in the contempt
petitions, the matter went up to the Hon'ble Supreme Court by way of
Special Leave Petition in SLP(Civil) Diary No.42018/2022, in which, the
Hon'ble Supreme Court has observed as follows:
“In terms of the impugned order, a period of one year
to conclude the proceedings by the concerned department. If
at all, the petitioner is aggrieved by non-conclusion of those
proceedings, he would have to move the High Court and not
this Court by filing special leave petition before us.”
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W.P.No.27789 of 2023
3. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader appearing for the respondents.
4. It is stated by the learned counsel for the petitioner that the
petitioner's father has been issued with the community certificate as early as
in the year 1977. The community certificate issued to the petitioner's father
that he belongs to Konda Reddy community (Scheduled Tribe) is not
cancelled and it is still in force. Therefore, the petitioner is also entitled to the
issuance of the said community certificate.
5. At this juncture, it would be apt and appropriate to refer to the
judgment of the Hon'ble Supreme Court reported in 2005(12) SCC 248
(State of Bihar & others v. Sumit Anand) wherein the Hon'ble Supreme
Court at paragraph No.6 had held as follows:
"6. We have perused the findings recorded by the
Division Bench as well as the Single Judge of the High Court.
In view of the fact that the respondent's father, grandfather,
mother and maternal uncle had all been granted the
certificate certifying that they belong to the "Gond"
community, we see no reason to come to a conclusion other
than the one arrived at by the High Court to the effect that the
respondent was entitled to issuance of the caste certificate."
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W.P.No.27789 of 2023
6. Admittedly, the petitioner's father was issued with "Konda Reddy"
community certificate on 09.06.1977 and the community certificate issued to
him is valid and it is not cancelled. Hence, the petitioner is also entitled to
issuance of "Konda Reddy" community certificate.
7. In the view of the above, the respondents are directed to issue
community certificate to the petitioner to the effect that he belongs to the
Konda Reddy Community (Schedule Tribe) within a period of four weeks
from the date of receipt of a copy of this order. Accordingly, the Writ
Petition is disposed of. No costs. Consequently, connected miscellaneous
petition is closed.
(J.N.B.,J.) (N.M.,J.)
22.09.2023
Index:Yes/No
Speaking/Non-speaking order
vsi
To
1. The District Collector and Chairman,
District Level Vigilance Committee,
Salem District,
Salem.
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W.P.No.27789 of 2023
2. The Sub Collector,
Mettur Dam,
Salem District.
3. The State Level Scrutiny Committee,
rep. by its Chairman,
Additional Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Fort St.George,
Chennai- 600 009
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W.P.No.27789 of 2023
J.NISHA BANU,J.
and
N.MALA,J.
vsi
W.P.No.27789 of 2023
22.09.2023
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W.P.No.27789 of 2023
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