The court emphasized the necessity for credible documentation in community certificate applications to prevent misuse of reservation benefits, affirming the applicant's burden to establish their community status.

ORDER :

1. The order of the District Collector dated 24.05.2024, rejecting the application submitted by the petitioner seeking Scheduled Tribe community certificate, is under challenge in the present writ proceedings.

2. The petitioner states that she belongs to “Kurumans” community, which is a Scheduled Tribe. She made an application on 11.01.2015 to the second respondent for issuance of Scheduled Tribe community certificate to her children V. Kamalakannan and V. Dharani on the basis of the community certificate of her own brother Mr. Thippannan and his son Mr. Narasimhan. The application submitted by the petitioner was rejected by order dated 30.01.2022. The petitioner preferred an appeal and the District Collector, Tirupattur confirmed the order of the original authority in proceeding dated 24.05.2024. Thus the present writ petition came to be instituted.

3. Mr. M. Radhakrishnan, learned counsel appearing on behalf of the petitioner would mainly contend that when the brother of the petitioner and her brother's son secured the Scheduled Tribe community certificates stating that they belong to “Kurumans” community, the said benefit is to be extended to the petitioner also, by virtue of an order of this Court.

4. Mr. V. Selvendran, learned Special Government Pleader appearing on behalf of the respondents would oppose by stating that when the son of the petitioner has secured Most Backward Class certificate in the year 2009 and the said certificate is in force, now the petitioner, who is the mother, cannot claim Scheduled Tribe community certificate, which raises a doubt and therefore the authorities have conducted enquiry and found that the family of the petitioner did not belong to Kurumans-Scheduled Tribe community. Thus order of rejection is in consonance with the principles and the writ petition is to be rejected.

5. This Court considered the rival submissions made on behalf of the parties to the lis on hand. The Revenue Divisional Officer, Tirupattur rejected the original application filed by the petitioner seeking Scheduled Tribe community certificate. The said proceeding dated 31.03.2022 reveals that the petitioner was asked to appear before the Revenue Divisional Officer and submit the documents relied on by her. Enquiry notice was sent three times to the petitioner and she acknowledged the call letters. However, the petitioner failed to produce any document before the Revenue Divisional Officer, Tirupattur. Thereafter, the Revenue Divisional Officer conducted an independent enquiry to ascertain the community of the family of the petitioner. Accordingly, the Tahsildar, Tirupattur was directed to conduct an enquiry. The Tahsildar has stated in his report that the petitioner's son V. Kamalakannan had obtained a community certificate stating that he belongs to Hindu-Kurumba, which is a Most Backward Class community. The said certificate was issued to the petitioner's son in the year 2009 and continues to be in force. Secondly, the Tahsildar conducted enquiry with reference to the school records of the petitioner. The petitioner Mrs. V. Samburanam studied in Panchayat Union Primary School, N.M. Koil Circle, Tirupattur and the school records reveal that the petitioner belongs to Most Backward Class community.

6. As per the ruling in Maduri Patil's case, the petitioner has failed to submit any document to establish that she belongs to Kurumans-Scheduled Tribe community. Even during the course of enquiry, the petitioner has not produced any document before the Revenue Divisional Officer. It is recorded by the Revenue Divisional Officer that several opportu