Madras High Court
C.Ravanan vs The Revenue Divisional Officer on 12 December, 2012
Author: Chitra Venkataraman
Bench: Chitra Venkataraman, R.Karuppiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.12.2012 CORAM: THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MR.JUSTICE R.KARUPPIAH W.P.No.14519 of 2012 C.Ravanan .. Petitioner versus The Revenue Divisional Officer Vellore Vellore District. .. Respondent ----- PRAYER: Writ petition filed under Article 226 of the Constitution of India for the issue of a writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed in Mu.Mu.Aa2.4822/ 2002 dated 23.01.2003 on the file of the respondent, to quash the same and to direct the respondent to issue community certificate to the petitioner's children (1) R.Vasuki, (2) R.Sangeetha and (3) R.Kalaiselvi that they belong to Kattunayakan (ST) Community based upon the community certificate already issued to the petitioner by the respondent dated 18.02.1993. ----- For petitioner : Mr.S.Doraisamy For respondent : Mr.R.Rajeswaran Special Government Pleader ----- ORDER
(Order of the Court was made by CHITRA VENKATARAMAN,J.) The petitioner seeks the issue of a Writ of Certiorarified Mandamus to quash the proceedings dated 23.01.2003 passed by the respondent herein, rejecting the prayer of the petitioner for issuance of community certificate to the petitioner's children, namely, R.Vasuki, R.Sangeetha and R.Kalaiselvi, that they belong to Kattunayakan (ST) Community.
2. The grievance of the petitioner herein is that when there is already a certificate issued to the petitioner as early as 18.02.1993 that he belonged to Hindu Kattunayakan Community Scheduled Tribe, the respondent ought not to have rejected the prayer of the petitioner, taking the view that on enquiry it was learnt that the petitioner's children belonged to Vettaikkara Naicker community and that they did not belong to Hindu Kattunayakan Community Scheduled Tribe.
3. Going by the fact that nothing is spelt out in the impugned order as regards the certificate already issued to the petitioner as belonging to Kattunayakan community Scheduled Tribe, unless and until the said certificate is withdrawn, the question of rejection of the prayer of the petitioner for issuance of similar certificate to his children does not arise. In the circumstances, setting aside the order of the respondent dated 23.01.2003, this Court directs the respondent to grant community certificate to the petitioner's children R.Vasuki, R.Sangeetha and R.Kalaiselvi that they belong to Kattunayakan Community, based on the community certificate dated 18.02.1993 issued to the petitioner by the respondent herein.
The writ petition stands allowed. No costs.
Index: Yes / No (C.V.,J.) (R.K.,J.)
Internet: Yes / No 12.12.2012
ksv
To
The Revenue Divisional Officer
Vellore
Vellore District.
CHITRA VENKATARAMAN,J.
and
R.KARUPPIAH,J.
ksv
W.P.No.14519 of 2012
Dated: 12.12.2012