Madras High Court
R.Rajeswari vs The Revenue Divisional Officer on 2 July, 2014
Bench: M.Jaichandren, M.Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 2-07-2014 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.No.8963 of 2014 R.Rajeswari .. Petitioner. Versus 1. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District. 2. The State Level Scrutiny Committee, rep. By its Chairman, Adi Dravidar and Tribal Welfare Department, Fort St. George, Secretariat, Chennai-600 009. (R2 impleaded as per order order dated 24.6.2014 by MJJ and MVJ in M.P.No.1 of 20014 in W.P.No.8963 of 2014) .. Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records relating to order of rejection passed in proceedings in Na.Ka.7098/2012(A4) dated 14.3.2014 (in the impugned order date is wrongly mentioned as 14.3.2013) on the file of the respondent quash the same and direct the respondent to issue community certificate to the petitioner's sons viz. 1) R.E.Nandha Akash, and 2) R.E.Inbha Mugil that they belong to Kurichan (ST) community. For Petitioner : Mr.S.Doraisamy For Respondents : Mr.S.P.Prabakaran Additional Government Pleader ORDER
(Order of the Court was made by M.JAICHANDREN,J) Heard the learned counsel appearing on behalf of the parties concerned.
2. The petitioner has stated that she belongs to `Kurichchan' community, which is a Scheduled Tribe community. The community status of the petitioner has been entered as `Kurichchan in her school and college records. The husband of the petitioner also belongs to `Kurichchan' community. The community status of her husband has been entered as `Kurichchan' in all his educational records. The petitioner had obtained the community certificate from the first respondent, on 29.1.1996, stating that she belongs to `Kurichchan' community. The petitioner has been working as a graduate teacher in the Government Girls Higher Secondary School, Pennagaram. The community status of the petitioner has been shown as `Kurichchan' in her service records.
3. It has been further stated that the petitioner has two sons, namely, R.E.Nanda Akash and R.E.Inba Mugil. The petitioner had submitted an application to the first respondent, on 13.9.2010, for the issuance of the community certificates to her children stating that they belong to `Kurichchan' Scheduled Tribe community. The relevant records had also been enclosed, along with the said application, to substantiate the claim made by the petitioner. Since no order had been passed, on the application received by the first respondent, on 13.9.2010, the petitioner had been constrained to file a writ petition before this court, in W.P.No.28908 of 2010, to direct the first respondent to consider the application submitted by the petitioner. This court, by an order, dated 21.12.2010, had directed the first respondent to consider the application of the petitioner, dated 13.9.2010 and to pass appropriate orders thereon, on merits, within the specified period. Thereafter, the petitioner had been called for an enquiry, by the first respondent. Even though the petitioner had furnished all the relevant details, the first respondent had rejected the application of the petitioner, arbitrarily, without proper application of mind, on 19.9.2011. Challenging the said order of rejection of the application submitted by the petitioner, she had filed a writ petition before this court, in W.P.No.27433 of 2012. This court, by an order, dated 17.1.2013, had set aside the order passed by the first respondent and it had remitted the matter back to the first respondent for passing appropriate orders on the application submitted by the petitioner. The first respondent had been directed to pass appropriate orders, in accordance with law, after giving the petitioner sufficient opportunity of hearing and by considering the relevant records relating to the matter.
4. It had been further stated that after the petitioner had made several representations to pass appropriate orders on the application submitted by her, the first respondent had rejected the claim of the petitioner, with a mala fide intention, as the petitioner had filed a contempt application for willful disobedience of the order passed by this court for the disposal of the application of the petitioner, within the specified period.
5. The learned counsel appearing on behalf of the petitioner had submitted that the rejection of the application of the petitioner is erroneous and invalid in the eye of law. Proper reasons have not been given for the rejection of the application filed by the petitioner, to declare the community status of her children. As per the directions issued by the Supreme Court, the first respondent ought to have issued the community certificate, as prayed for by the petitioner, without any further enquiry, as the community certificate issued in favour of the petitioner states that she belongs to `Kurichchan' a Scheduled Tribe community. A similar certificate ought to have been issued to her children stating that she belongs to `Kurichchan' community. However, without considering the relevant aspects, the first respondent had rejected the application of the petitioner, on frivolous grounds.
6. It had also been submitted that the order passed by this court, in W.P.No.27443 of 2012, had not been followed, properly. The statement made by the petitioner that she is a native of Jakkampatti village and the report submitted by the Director of the Tribal Research Centre of the village had not been taken into account, by the first respondent, while rejecting the application of the petitioner. Therefore, this court may be pleased to set aside the impugned order passed by the first respondent, dated 14.3.2014, and direct the first respondent to issue the community certificate to the children of the petitioner stating that they belong to `Kurichchan' community.
7. The learned counsel appearing on behalf of the respondents had submitted that the claims made by the petitioner, with regard to the community status of her children, are not based on evidence. The first respondent had found that a number of discrepancies were existing in the records furnished by the petitioner in support of her claims. It had been stated that the community of some of the relatives of the petitioner has been shown as Kunjigar. It had also been stated that there were other discrepancies found in the records. Therefore, the first respondent had refused to grant the community certificates to the children of the petitioner stating that they belong to `Kurichchan' Scheduled Tribe community. In such circumstances, the first respondent had rightly rejected the claims made by the petitioner.
8. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, it is noted that the respondents had rejected the application of the petitioner, for the issuance of the community certificates in favour of her children, stating that they belong to `Kurichchan' Schedule Tribe community, as there were certain serious discrepancies in the records submitted by the petitioner. It is also noted that the petitioner had not furnished the relevant records, before the first respondent, to substantiate her claim that the petitioner and her children belong to `Kurichchan' Schedule Tribe community. Due to the serious discrepancies found in the records submitted by the petitioner, the first respondent had arrived at the conclusion that the claim of the petitioner, for the issuance of the community certificates in favour of her children stating that they belong to `Kurichchan' Schedule Tribe community, is not acceptable. Therefore, we do not find it appropriate to set aside the order passed by the first respondent, rejecting the claims made by the petitioner. However, we find it appropriate to direct the first respondent herein to place the matter before the State Level Scrutiny Committee, which has been impleaded as the second respondent in the present writ petition, by an order, passed on 24.6.2014, within a period of two weeks from the date of receipt of a copy of this order, for considering the claims made by the petitioner, afresh, by causing an enquiry. On receipt of the application and the relevant records relating to the issuance of the community certificates, for the children of the petitioner, the second respondent, namely, the State Level Scrutiny Committee, shall cause an enquiry and pass appropriate orders thereon, without being influenced by the observations made by the first respondent, in his impugned order, dated 14.3.2014, by following the procedures established by law and by giving an opportunity of hearing to the petitioner, within a period of eight weeks thereafter. The writ petition is disposed of with the above directions. No costs.
(M.J.J.) (M.V.J.)
Index:Yes/No 2-07-2014
Internet:Yes/No
csh
To
1. The Revenue Divisional Officer,
Dharmapuri, Dharmapuri District.
2. The Chairman,
State Level Scrutiny Committee,
Adi Dravidar and Tribal Welfare Department,
Fort St. George, Secretariat,
Chennai-600 009.
M.JAICHANDREN,J.
AND
M.VENUGOPAL,J.
csh
W.P.No.8963 of 2014
2-07-2014