Madras High Court
N.S.Mahizhan vs The District Collector And on 22 September, 2023
W.P.No.27933 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.27933 of 2023
and
W.M.P.No. 27436 & 27437 of 2023
1. N.S.Mahizhan,
S/o N.G.Ramalingam
2. V.Navaneetha,
W/o N.G.Ramalingam ... Petitioners
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
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
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 community certificate to the petitioners viz., N.R.Mahizhan and
N.R.Navaneetha to the effect that they belong to the Konda Reddy
Community (Schedule Tribe) on the basis of the community certificate
issued to the N.G.Ramalingam vide community certificate dated
12.09.1978.
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
petitioners viz., N.R.Mahizhan and N.R.Navaneetha to the effect that they
belong to the Konda Reddy Community (Schedule Tribe) on the basis of the
community certificate issued to the N.G.Ramalingam vide community
certificate dated 12.09.1978.
2. (i) It is brought to the notice of this Court that in the writ petition
filed by the petitioners, 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.
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
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) 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
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
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,
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
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
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.”
3. Heard the learned counsel for the petitioners and the learned
Additional Government Pleader appearing for the respondents.
4. It is stated by the learned counsel for the petitioners that the 1st
petitioner's father who is the 2nd petitioner's husband has been issued with
the community certificate as early as in the year 1978 and as per Madhuri
Patel's case, the certificate issued before 1995, cannot be reopened. The
community certificates issued to the 1st petitioner's father that he belong to
Konda Reddy community (Scheduled Tribe) is not cancelled and it is still in
force. Therefore, the petitioners are 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,
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
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."
6. Admittedly, the 1st petitioner's father, who is the husband of 2nd
petitioner, was issued with "Konda Reddy" community certificate on
06.03.1979 and the community certificate issued to him is valid and it was
not cancelled. Hence, the petitioners are 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 petitioners, viz., N.R.Mahizhan and
V.Navaneetha, to the effect that they belong to 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 are closed.
(J.N.B.,J.) (N.M.,J.)
22.09.2023
Index:Yes/No
Speaking/Non-speaking order
vsi
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
To
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
https://www.mhc.tn.gov.in/judis
W.P.No.27933 of 2023
J.NISHA BANU,J.
and
N.MALA,J.
vsi
W.P.No.27933 of 2023
22.09.2023
https://www.mhc.tn.gov.in/judis
