The duty of the Revenue Divisional Officer to consider community certificate applications and the imposition of cost for arbitrary refusal of genuine prayer.

JUDGMENT

Common Prayer: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Rejection Order dated 08.11.2022 passed by the 2nd respondent with respect to the petitioner''s application Nos.TN-5202210315973 and TN-5202210315882 and quash the same and consequently directing the respondents to issue Kattunayakan Community Certificate to the petitioner''s son and daughter namely “S.N.Shaswat Rahav” and “S.N.Isana” respectively.)

Common Order:

T. Raja, J.

1. Petitioner, who is a resident of Kailash Nagar, Pappakurichi, Thiruverumbur Taluk, Trichy District has filed these Writ Petitions, challenging the Rejection Order dated 08.11.2022 passed by the 2nd respondent with respect to the petitioner''s application Nos.TN-5202210315973 and TN-5202210315882, with a consequential direction, directing the respondents to issue Kattunayakan Community Certificate to the petitioner''s son and daughter namely “S.N.Shaswat Rahav” and “S.N.Isana” respectively.

2. Learned counsel for the petitioner would submit that the petitioner''s father viz., R.Subbiah, originally obtained a Kattunayakan Community Certificate from the Revenue Divisional Officer / Sub Collector, 2nd respondent herein. Subsequently as per the G.O.Ms.No. 1773, dated 23.06.1984, the SC & ST Amendment Act 1976, the petitioner''s father also obtained a Kattunayakan Community Certificate from the 2nd respondent by his proceedings in R.C.A1/4095/2003, dated 06.10.2003. Based on the same, the petitioner also obtained a Kattunayakan Community Certificate from the 2nd respondent by his proceedings in R.C.A1/4095/2003, dated 04.06.2003. He would further submit that the petitioner''s husband belongs to ''Pallar Community'', which is a Scheduled Caste (SC) Community. Therefore, the petitioner applied for Community Certificate for her son and daughter during the year 2019 and on receipt of the same, the 2nd respondent directed the Thasildar, 3rd respondent herein to submit a report regarding the issuance of Kattunayakan Community certificate to the petitioner''s son and daughter. Thereafter, the 3rd respondent by his proceedings in Na.Ka.A2-2024-2019, dated 14.06.2019, sent a report to the 2nd respondent. He would further submit that the 2nd respondent sent a communication to the petitioner by his proceedings in O.Mu.A3/2240/2019, dated 14.03.2022, stating that as per the District Collector proceedings No.Na.Ka.G4/3255/2020, dated 31.08.2021, all the person who applied for ST certificate can apply for only through online. Accepting the same, the petitioner also made applications to the 2nd respondent on 31.10.2022 through online along with all necessary documents seeking for issuance of Kattunayakan Community Certificate to her son and daughter namely “S.N.Shaswat Rahav” and “S.N.Isana” respectively. The petitioner has also given a declaration declaring that she never get any benefits from her husband''s community.

3. The learned counsel appearing for the petitioner would further submit that there is a Government Order in G.O.Ms.No.477, dated 27.06.1975, in which the Government after carefully examining the question, declared as follows:

“the children born of inter-case marriage, that is marriages-

(i) between a person of a Scheduled Tribe and another of a Scheduled Caste or Backward Class or forward Class;

(ii) between a person of a Scheduled Caste and another of a Backward Class or forward Class; and

(iii) between a person of a Backward Class and of a forward Class

shall be considered to belong to either the community of the father or the community of the mother according to the declaration of the parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children.”

In the present case, the petitioner has given a declaration t