2017 Supreme(Mad) 2592
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.VENUGOPAL, P.D.AUDIKESAVALU, JJ.
C.S.K.Yuvaraj - Petitioner
Vs.
The Revenue Divisional Officer, Krishnagiri - Respondent
W.P.No.5758 of 2017
Decided on : 24-07-2017
Advocate Appeared:
For the Petitioner: Mr.S.Doraisamy
For the Respondent:Mr.K.Venkataramani Additional Advocate General For Mr.M. Elumalai Government Advocate
The need for a comprehensive law for issuance and verification of Community Certificates for Scheduled Caste and Scheduled Tribe and Other Backward Classes in the State.
Headnote:
Community Certificate - Scheduled Tribe - G.O.(Ms).No.235 Revenue [RA3(2)] Department dated 26.06.2015, G.O.(Ms).No.147 Revenue [RA-3(2)] Department dated 17.03.2016 - The court discussed the legal provisions and amendments related to the issuance of Community Certificates for Scheduled Tribes, emphasizing the introduction of an 'Appeal' remedy before the District Collector and the State Level Scrutiny Committee. The court directed the petitioner to prefer an appeal before the District Collector, Krishnagiri, and highlighted the need for a comprehensive law for issuance and verification of Community Certificates for Scheduled Caste and Scheduled Tribe and Other Backward Classes in the State.
Fact of the Case:
The petitioner sought a writ for the issuance of Community Certificate to his children, which was rejected by the Revenue Divisional Officer. The court directed the petitioner to prefer an appeal before the District Collector, Krishnagiri.
Finding of the Court:
The court found that the amended G.O.(Ms).No.147 Revenue [RA-3(2)] Department dated 17.03.2016 provides for an 'Appeal' remedy to the District Collector and the State Level Scrutiny Committee, and directed the petitioner to avail this remedy.
Issues: The main issue was the rejection of the petitioner's request for issuance of Community Certificate to his children by the Revenue Divisional Officer.
Ratio Decidendi: The court emphasized the need for a comprehensive law for issuance and verification of Community Certificates for Scheduled Caste and Scheduled Tribe and Other Backward Classes in the State.
Final Decision: The court directed the petitioner to prefer an appeal before the District Collector, Krishnagiri, and highlighted the need for a comprehensive law for issuance and verification of Community Certificates for Scheduled Caste and Scheduled Tribe and Other Backward Classes in the State.
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 of the Respondent/Revenue Divisional Officer, Krishnagiri in Proceedings bearing in Na.Ka.No.5308/2013/F dated 24.02.2014 and to quash the same. Further, the Petitioner had prayed for issuance of direction to the Respondent to issue Community Certificate to his daughter viz., S.Y.Deepa and Son Sujith Kumar to the effect that they belong to 'Kurumans (ST) Community'.
3. According to the Petitioner, he belongs to Kurumans Community which is classified as Scheduled Tribe Community. The Petitioner was working as District Manager, THADCO. When the Petitioner was appointed as Junior Assistant in the Government Ad-Dravidar High School, Maruthipatti in 1983, the Special Tahsildar made an entry in his Service Register that his community is 'Kurumans' and in his school records, his community was entered as 'Kurumans'.
4. The main plea of the petitioner is that the petitioner's cousin brother H.Udayakumar had filed a Writ Petition before this Court in W.P.No.1446 of 1987 seeking direction to the Tahsildar, Krishnagiri, (the then Competent Authority), to issue Community Certificate to him that he belongs to Kurumans (ST) Community. This Court allowed the said Writ Petition on 11.11.1987 and directed the Tahsildar, Krishnagiri, to issue Community Certificate to him and accordingly, the Tahsildar, Krishnagiri, issued a Community Certificate to him as he belongs to Kurumans (ST) Community. Subsequently, the said H.Udyakaumar's mother A.J.Jayalakshmi filed another Writ Petition in W.P.No.17896 of 1990 seeking for issuance of Community Certificate to other family members viz., 1.H.Kuramasamy, 2.H.Anbazhagan, 3.H.Ramesh and 4.h.Ashwini. This Court passed an order on 07.09.1992 directed the Tahsildar, Krishnagiri, to issue Community Certificate to them that they belong to Kurumans (ST) Community. Further, they have also obtained Community Certificate from the Revenue Divisional Officer, Krishnagiri. On the basis of the above, the Petitioner had made an application on 12.12.2013 to the Respondent/Revenue Divisional Officer, Krishnagiri, for issuance of Community Certificate to his Daughter S.Y.Deepa and Son Sujith Kumar.
5. It comes to be known that the Respondent/Revenue Divisional Officer, Krishnagiri had passed the impugned order dated 24.02.2014 rejecting the Petitioner's request for issuance of Community Certificate to his children, viz., S.Y.Deepa and Sujith Kumar. Therefore, as an affected person, against the order of negativing his request for issuance of Community Certificate dated 24.02.2014 by the Respondent, the Petitioner has filed the instant Writ Petition before this Court.
6. 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 |
7. It also comes to light that the Government of Tamilnadu had passed G.O.(Ms).No.147 Revenue [RA-3(2)] Department dated 17.03.2016 (A