Madras High Court
G.Sasikumar vs The Revenue Divisional Officer on 26 September, 2023
W.P.No.28316 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE N.MALA
W.P.No. 28316 of 2023
G.Sasikumar ..Petitioner
Vs.
The Revenue Divisional Officer
Mettur,
Salem District. ..Respondent
Prayer: 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 order
of rejection passed in Na.Ka.7635/2022/T dated 18.05.2023 on the file of the
respondent, quash the same and direct the respondent to issue community
certificate to the petitioner's children Shri Varsha Sasikumar and S.Kanishk
Sashank that they belong to "Kondareddis (ST) community'' based upon the
community certificate already issued to the petitioner, his wife and other
family members.
For Petitioner : Mr.S.Doraiswamy
For Respondent : Mr.E.Vijay Anand
Additional Government Pleader
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W.P.No.28316 of 2023
ORDER
(Order of the Court was made by J.Nisha Banu,J.)
This Writ Petition has been filed to call for the records relating to
the order of rejection passed in Na.Ka.7635/2022/T dated 18.05.2023 on the
file of the respondent, quash the same and direct the respondent to issue
community certificate to the petitioner's children Shri Varsha Sasikumar and
S.Kanishk Sashank that they belong to "Kondareddis (ST) community'' based
upon the community certificate already issued to the petitioner, his wife and
other family members.
2. Mr.E.Vijayanand, learned Additional Government Pleader
takes notice for the respondent. By consent of both parties, the main writ
petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he belongs to Kondareddis
Community which is classified as Scheduled Tribe community. He obtained
community certificate from the Tahsildar, Mettur on 30.06.1986. The above
certificate was issued to him after due enquiry and the same was not
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W.P.No.28316 of 2023
cancelled by any authority. His community is mentioned as Kondareddis
(ST) community in his school records. His wife R.Sudha had obtained
community certificate from the Tahsildhar, Mettur on 25.04.1987 and her
father N.Ramamoorthy obtained community certificate on 19.07.1968. His
wife's own sister S.Jayanthi also obtained community certificate that she
belongs to Kondareddis (ST) Community.
4. Today, when the matter is taken up for hearing, learned
counsel appearing for the petitioner would state that since community
certificate is required for the petitioner's children education, he submitted an
application to the respondent, requesting issuance of community certificate.
In support of his claim, he enclosed the following documents:
(i). petitioner's community certificate dated 30.06.1986
(ii). community certificate of his wife
(iii). Community certificate of his wife's father N.Ramamurthy
(iv). Service register of his wife's father N.Ramamurthy
(v). Petitioner's school records
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W.P.No.28316 of 2023
(vi). Petitioner's wife's school and college records
(vii). Other blood relatives community certificates.
5. In support of his submission, the learned counsel relied upon
the ratio laid down by the Hon'ble Supreme Court in the case of State of
Bihar vs. Sumit Anand reported in 2015 (12) SCC 248, wherein the Hon'ble
Supreme Court held that once the parents are having a valid Community
Certificate, their children are entitled to obtain a community certificate that
they belong to Kurumans (ST) community. He also relied upon the Judgment
reported in (1997) 7 Supreme Court Cases 505 in the case of R.Kandasamy
vs. Chief Engineer, Madras Port Trust, in which, Paragraph No.6 reads as
follows:
"6. In our opinion the Community Certificate issued to
a Scheduled Tribe candidate by the Tahsildar prior to
11-11-1989 is a good and valid Community Certificate for all
purposes so long as such a certificate is not cancelled. The
authorities cannot decline to take that into consideration and
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W.P.No.28316 of 2023
insist upon a fresh Community Certificate from the Revenue
Divisional Officer."
6. It is unfortunate to note that the rejection order has been
passed without considering the community certificates produced by the
petitioner. We have been repeatedly observing that a community comprises
the members of the family and also members of the same group or tribe or
caste and that the children derive their community from their parents and
members of the family. If they have been given community certificate, their
children, are entitled to the said certificate without any further verification.
7. In the present case, the petitioner was issued with the
community certificate that he belongs to Scheduled Tribe Community of
Kondareddis by the Tahsildar, Mettur, on 30.06.1986, after due verification
and enquiry. Therefore, the authorities cannot take a different view and reject
the petitioner's application for his children. The authorities are only required
to examine their relationship and issue community certificate.
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W.P.No.28316 of 2023
8. In view of the above, rejection order dated 18.05.2023 passed
by the respondent is hereby set aside and the Revenue Divisional Officer,
Mettur/respondent is directed to issue a Certificate to the effect that the
petitioner' children belong to Scheduled Tribe Community of Kondareddis
within a period of four(4) weeks from the date of receipt of a copy of this
order.
9. Accordingly, this Writ Petition is allowed. No costs.
(J.N.B.,J.) (N.M.,J.)
26.09.2023
Index : Yes / No
Speaking Order : Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
msv
To
The Revenue Divisional Officer
Mettur,
Salem District.
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W.P.No.28316 of 2023
J.NISHA BANU,J.
And
N.Mala,J.
msv
W.P.No. 28316 of 2023
26.09.2023
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