Madras High Court
S.Palani vs The Chairman on 1 September, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.22773 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.22773 of 2022 and W.M.P.No.21815 of 2022
1.S.Palani
2.P.Nirosa ... Petitioners
vs
1.The Chairman,
State Level Scrutiny Committee,
rep. by its Secretary to the Government,
Adi-Dravidar and Tribal Welfare Department,
Elilagam, Chennai-600 009.
2.The Commissioner,
Office of the Commissioner of Tribal Welfare,
Chennai.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Office,
Thiruvannamalai. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus to call for the records relating
to impugned rejection orders of third respondent dated 20.06.2022
relating to denial of Scheduled Tribes Community status to
petitioners, quash the same and consequently direct the third
respondent to provide Community Certificate of Scheduled Tribes to
petitioners' son.
For Petitioners : Mr.P.Saravanan
https://www.mhc.tn.gov.in/judis
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W.P.No.22773 of 2022
For Respondents : Mr.V.Manoharan,
Additional Government Pleader
ORDER
[Order of this Court delivered by T.RAJA, J.] This writ petition has been filed by the petitioners, challenging the impugned order dated 20.06.2022 passed by the Revenue Divisional Officer/third respondent relating to denial of Scheduled Tribes Community status and seeking a direction to the third respondent to provide Community Certificate of Scheduled Tribes to their son.
2.When the matter is taken up for hearing, learned Additional Government Pleader appearing for the respondents, placing objection with regard to the maintainability of the writ petition and urging this Court to dismiss this writ petition, submitted that since the effective statutory remedy is available to the petitioners before the District Collector, as per G.O. (Ms) No.147 Revenue [RA-3(2)] Department dated 17.03.2016, the petitioners have to work out their remedy by filing an Appeal before the District Collector in the manner known to law. Learned Additional Government Pleader also produced a copy of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 in the case of P.Siva vs. The Revenue Divisional Officer, Harur, Dharmapuri District, wherein we directed the petitioner therein to approach the District Collector, Dharmapuri District within a period of https://www.mhc.tn.gov.in/judis 2/6 W.P.No.22773 of 2022 two weeks, while observing that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector.
3.Learned counsel appearing for the petitioners submitted that since the petitioners' son has been pursuing his studies, the community certificate is necessary for the purpose of Scholarship and other benefits.
4.In this regard, it is relevant to extract paragraph 4 of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 as under:
'4.Since a perusal of the Government Order in G.O. (Ms) No.147, Revenue [RA-3(2)] Department dated 17.03.2016 shows that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector, we hereby direct the petitioner to approach the District Collector, Dharmapuri District, within two weeks from the date of receipt of a copy of this order and on receipt of any such appeal preferred by the petitioner herein, the District Collector shall consider the request of the petitioner and dispose of the same on merits and in accordance with law, within a period of four weeks thereafter.' https://www.mhc.tn.gov.in/judis 3/6 W.P.No.22773 of 2022
5.A perusal of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 would show that as against the order passed by the Revenue Divisional Officer, an appeal remedy will lie before the District Collector.
6.Since the alternative and effective appeal remedy lies before the District Collector, we are not inclined to entertain this petition. If the petitioners aggrieved by the order passed by the Revenue Divisional Officer, they can very well approach the Statutory Appellate Authority, namely, District Collector as per the G.O. (Ms.) No.147, Revenue [RA-3(2)] Department dated 17.03.2016, which says that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector.
7.Accordingly, this writ petition stands dismissed. Consequently, connected W.M.P. stands closed. No costs. Liberty is given to the petitioners to work out their remedy in the manner known to law.
[T.R.,J.] [K.B.,J.]
01.09.2022
vga
Index: Yes/No
Note to office: Order copy may be issued subject to payment of https://www.mhc.tn.gov.in/judis 4/6 W.P.No.22773 of 2022 separate court fee by the petitioners To
1.The Chairman, State Level Scrutiny Committee, rep. by its Secretary to the Government, Adi-Dravidar and Tribal Welfare Department, Elilagam, Chennai-600 009.
2.The Commissioner, Office of the Commissioner of Tribal Welfare, Chennai.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thiruvannamalai.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.22773 of 2022 T.RAJA,J.
and K.KUMARESH BABU,J.
vga W.P.No.22773 of 2022 and W.M.P.No.21815 of 2022 01.09.2022 https://www.mhc.tn.gov.in/judis 6/6