The judgment emphasizes the importance of providing an 'Appeal' remedy and enacting a comprehensive law for the issuance and verification of Community Certificates for Scheduled Caste and Scheduled Tribe and Other Backward Classes.

M.VENUGOPAL, J.

Heard both sides.

2. The Petitioner has filed the present Writ Petition praying for passing of an order by this Court in calling for the records relating to the order of rejection passed in A2/2819/2015 dated 09.10.2015 on the file of the Respondent/Revenue Divisional Officer, Tiruvannamalai and to quash the same. Further, the Petitioner had prayed for issuance of direction to the Respondent to issue Community Certificate to the petitioner and his sons viz., 1.R.Udhaya Prakash and 2.R.Vignesh to the effect that they belong to ‘Kattunayakan (ST) Community, based upon the proceedings of the District Level Vigilance Committee passed in favour of the petitioner's brother M.Paramasivam in proceedings No.Na.Ka.Ke4/47140/2003 dated 30.08.2006.

3. According to the Petitioner, he belongs to 'Kattunayakan Community' which is classified as a Scheduled Tribe Community. The Petitioner's wife also belongs to Kattunayakan (ST) Community. They are agricultural coolie. The Petitioner and his wife did not obtain Community Certificate, since it was not required for them. Now, for educational and employment purpose, the Petitioner's sons are required Community Certificate. Therefore, the Petitioner has filed an application to the Respondent on 08.05.2015 seeking issuance of Community Certificate for his Wards. In support of his claim, the Petitioner has enclosed the following documents along with the application:

1. Community Certificate issued to the petitioner's own brother M.Paramasivam dated 15.12.2014 by the Respondent.

2. District Level Vigilance Committee genuine report in respect of petitioner's brother M.Paramasivam.

Though the application was received by the Respondent on 11.05.2015, there was no order was passed so far. Hence, the Petitioner filed a Writ Petition in W.P.No.20718 of 2015 before this Court and this Court had passed the order on 10.07.2015 directing the Respondent to consider the petitioner's application dated 08.05.2015, hold proper enquiry and examine the documents/certificates qua their blood relatives produced by them, which have probative value and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order.

4. It comes to be known that without conducting any enquiry, the Respondent/Revenue Divisional Officer, Tiruvannamalai, had passed the impugned order dated 09.10.2015 rejecting the Petitioner's request for issuance of Community Certificate to the petitioner and his wards, viz., R.Udaya Prakash and R.Vignesh. Therefore, as an affected person, against the order of negativing his request for issuance of Community Certificate dated 09.10.2015 by the Respondent, the Petitioner has filed the instant Writ Petition before this Court.

5. At this juncture, it is pertinent for this Court to make a significant mention that in G.O.(Ms).No.235 Revenue [RA3(2)] Department dated 26.06.2015, the Government of Tamilnadu based on the orders passed by the Madurai Division Bench of this Court in W.P.(MD) No. 1355 of 2015 dated 05.02.2015 between D.Thirupathi V. The District Collector, Tirunelveli District, Tirunelveli and another, had constituted an Appellate Authority for an 'Appeal' remedy in regard to the issuance of Community Certificate, which runs as under:

Sl.	Community	Issuing Authority	Appellate Authority	Redressal of Grievances
1	Backward Classes /Most Backward Classes/Denotified Communities	Zonal Deputy Tahsildar	Tahsildar	District Collector
2	Scheduled Castes	Tahsildar	Revenue Divisional Officer	District Collector
3	Scheduled Tribes	Revenue Divisional Officer	District Collector	District Collector & Chairman District Level Vigilance Committee

6. It also comes to light that the Government of Tamilnadu had passed G.O.(Ms).No.147 Revenue [RA-3(2)] Department