Madras High Court
S.R.Gangadharan vs The State Of Tamil Nadu on 23 August, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.21564 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.08.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.21564 of 2022 and W.M.P.
Nos.20587 and 20589 of 2022
S.R.Gangadharan ... Petitioner
vs
1.The State of Tamil Nadu
represented by the District Collector,
Thiruvallur,
O/o.The District Collector of Thiruvallur,
Thiruvallur District,
Tamil Nadu – 631 206.
2.The Revenue Divisional Officer,
Thirutani,
Thiruvallur District, Tamil Nadu.
3.The Tahsildar-Pallipattu,
Pallipattu Taluk,
Thiruvallur District, Tamil Nadu. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus calling for the records of the
on line response impugned order passed by the second respondent on
17.08.2019 in Ref. No.2019/9005/01/050197/0612 dated 12/06/2019
in the Petition Processing Portal-Pallipattu Taluk Office and quash the
same and direct the respondent to grant “Konda Reddis” - Scheduled
Tribe Community Certificate to petitioner herein.
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.21564 of 2022
For Petitioner : Mr.Sharath Chandar
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 petitioner, challenging the on line response impugned order Ref. No.2019/9005/01/050197/0612 dated 12.06.2019 passed by the Revenue Divisional Officer, Thirutani, Thiruvallur District, the second respondent herein on 17.08.2019 in the Petition Processing Portal-Pallipattu Taluk Office and seeking a direction to the respondents to grant him “Konda Reddis” - Scheduled Tribe Community Certificate.
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 petitioner before the District Collector, as per G.O. (Ms) No.147 Revenue [RA-3(2)] Department dated 17.03.2016, the petitioner has to work out his 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 https://www.mhc.tn.gov.in/judis 2/6 W.P.No.21564 of 2022 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 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 petitioner submitted that since the petitioner's son and daughter have been pursuing their 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 https://www.mhc.tn.gov.in/judis 3/6 W.P.No.21564 of 2022 accordance with law, within a period of four weeks thereafter.'
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 petitioner aggrieved by the order passed by the Revenue Divisional Officer, he 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.Ps stand closed. No costs. https://www.mhc.tn.gov.in/judis 4/6 W.P.No.21564 of 2022
8.Liberty is given to the petitioner to work out his remedy in the manner known to law.
[T.R.,J.] [K.B.,J.]
23.08.2022
vga
Index: Yes/No
To
1.The State of Tamil Nadu
represented by the District Collector, Thiruvallur, O/o.The District Collector of Thiruvallur, Thiruvallur District, Tamil Nadu – 631 206.
2.The Revenue Divisional Officer, Thirutani, Thiruvallur District, Tamil Nadu.
3.The Tahsildar-Pallipattu, Pallipattu Taluk, Thiruvallur District, Tamil Nadu.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.21564 of 2022 T.RAJA,J.
and K.KUMARESH BABU,J.
vga W.P.No.21564 of 2022 and W.M.P. Nos.20587 and 20589 of 2022 23.08.2022 https://www.mhc.tn.gov.in/judis 6/6