Madras High Court
G.Gurusamy vs Zonal Deputy Thasildhar on 9 July, 2015
Bench: S.Manikumar, G.Chockalingam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.07.2015
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM
W.P.(MD)No.11610 of 2015
G.Gurusamy ... Petitioner
Vs.
Zonal Deputy Thasildhar,
Kovilpatti,
Tuticorin District. ... Respondent
PRAYER
Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondent to consider the
petitioner's online application dated 25.03.2015 and to issue the community
certificate to the petitioner's daughter namely G.Abina as ?Veerakodi
Vellalar? by passing orders within the time fixed by this Court and pass such
further or other orders.
!For Petitioner : Mr.H.Arumugam
^For Respondents: Mr.A.K.Baskarapandian,
Special Government Pleader.
:ORDER
(Order of this Court was made by S.MANIKUMAR, J.) #The petitioner has sought for a writ of mandamus, directing the respondent to consider his online application, dated 25.03.2015, and to issue the community certificate to his daughter namely G.Abina as ?Veerakodi Vellalar? recognised as a Backward Class Community by the State Government.
2.Mr.A.K.Baskarapandian, learned Special Government Pleader, who takes notice on behalf of the respondent, submitted that the application dated 25.03.2015, would be enquired into and suitable orders would be passed. The learned Special Government Pleader has produced G.O.Ms.No.235, Revenue [RA3(2)] Department, dated 26.06.2015, which is extracted hereunder:
ABSTRACT Revenue Administration ? Certificates ? Issue of Community Certificates ? providing appelalte authority ? Orders ? Issued.
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Revenue [RA3(2)] Department
G.O(Ms)No.235 Dated 26.06.2015,
Aani, 11
Thiruvalluvarandu 2046
Read :
1. G.O.(Ms)No.581, Revenue Department, dated 03.04.1987
2. G.O.(Ms)No.921, Revenue Department, dated 15.06.1991
3. G.O.(2D)No.108, AD & TW Department, dated 12.09.2009
4. Orders of Hon'ble Madurai Bench of Madras High Court in W.P.(MD)No.1335 of 2015, dated 05.02.2015
4. Orders of Hon'ble Madurai Bench of Madras High Court in W.P.(MD)Nos.6340 & 6341 of 2015, dated 15.06.2015 ORDER In the Government Order first read above, the duties and responsibilities for certain functionaries with executive functions such a Revenue Divisional Officers Tahsildars/ Deputy Tahsildars / Revenue Inspectors with a view to tone up the administration in the Revenue Department at the district and lower levels and to ensure normal standards of efficiency along Revenue Officials were prescribed.
2.The Hon'ble Madurai Bench of Madras High Court in the order fourth read above has ordered as follows:-
?All the caste certificate cases which naturally require a factual adjudication, at least one appeal remedy for 'Scheduled Caste', Scheduled Tribes' and 'Backward Class' should be provided, which may be in the form of scrutiny by the District Level Vigilance Committee. We thus has call upon the Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu to look into the matter and provide an appeal remedy for the factual scrutiny of even other cases. ..... compliance?.
3. Based on the observation made by Hon'ble Madurai Bench of Madras High Court in W.P.(MD)No.1355 of 2015 that there is a need to have one appeal remedy for issue of Community Certificate to Scheduled Caste, Scheduled Tribe, Backward Classes at the District Level. Government have examined the issue with reference to Government orders issued earlier and Revenue Department's Citizens Charter 2007. Though there are general provisions for appeal against orders passed by subordinate to the immediate higher authority in the hierarchy and such provisions are being used by the public for redressal of grievances, as there is no specific mention of appellate authority in case of community certificate. The existing arrangements for issue of certificates are given below:-
S.No Community Issuing Authority Redressal of Grievances
1.
Backward Classes / Most Backward Classes / Denotified Communities Zonal Deputy Tahsildar District Collector
2. Scheduled Castes Tahsildar District Collector
3. Scheduled Tribes Revenue Divisional Officer District Collector & Chairman District Level Vigilance Committee
4. In light of the observation made by the Hon'ble Madurai Bench of Madras High Court, the Government hereby orders that the appellate authority for appeal remedy with regard to issue of community certificates are as follows:-
Sl.No. Community Issuing Authority Appelalte 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
5.This orders issue with the concurrence of the Adi-Dravidar and Tribal Welfare Department vide its U.O.No.4886/CV-1/2015-5, dated 26.06.2015. (By Order of the Governor) R.Venkatesan, Secretary to Government
3. Recording his submission, a direction is issued to the respondent namely Zonal Deputy Thasildhar, Kovilpatti, Tuticorin District, to dispose of the application of the petitioner, dated 25.03.2015, after conducting an enquiry and pass orders on merits, within a period of three weeks from the date of receipt of a copy of this order. No costs.
4. With the above direction, the Writ Petition is disposed of. No costs.
To Zonal Deputy Thasildhar, Kovilpatti, Tuticorin District.
.