Madras High Court
O. Durai vs The Revenue Divisional Officer on 22 April, 2016
Author: Satish K.Agnihotri
Bench: Satish K.Agnihotri, V. Bharathidasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2016 CORAM: THE HON'BLE MR. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE MR. JUSTICE V. BHARATHIDASAN W.P. Nos.14936 and 14937 of 2016 O. Durai Petitioner in W.P. No.14936 of 2016 O. Kannan Petitioner in W.P. No.14937 of 2016 vs. The Revenue Divisional Officer Dharmapuri Dharmapuri District Respondent in both the WPs. Prayer in W.P. No.14936 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to issue community certificate to the petitioner and his daughter D. Nirmala that they belong to Kurumans (ST) community, based upon the community certificate already issued to the family members of the petitioner and also verified by the State Level Scrutiny Committee in proceedings no.18543/CVIII/2009 dated 06.03.2015. Prayer in W.P. No.14937 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to issue community certificate to the petitioner, his children and grandson, viz., 1. K. Sivakumar, 2. K.Chitra and 3. J. Jaiwin that they belong to Kurumans (ST) community based upon the community certificate already issued to the family members of the petitioner and also verified by the State Level Scrutiny Committee in Proceedings No.18543/CVIII/2009 dated 06.03.2015. For petitioner in both the WPs Mr. S. Doraisamy For respondent in Mrs. A. Srijayanthi both the WPs Special Government Pleader COMMON ORDER
(delivered by SATISH K.AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the respondent. With consent, these writ petitions are taken up for final disposal, at the admission stage itself.
2 The petitioners are siblings. While W.P. No.14936 of 2016 is filed seeking a writ of mandamus directing the respondent to issue Kurumans (ST) community certificate to the petitioner and his daughter D. Nirmala, based upon the community certificate already issued to the petitioner's brother, viz., O. Paramasivam, which has been duly verified and confirmed by the State Level Scrutiny Committee vide proceedings dated 06 March 2015, W.P. No.14937 of 2016 is filed seeking such certificate to the petitioner, his children, viz., K. Sivakumar and K. Chitra and his grandson viz., J. Jaiwin, based upon the very same proceedings dated 06 March 2015.
3 The petitioners, claiming to be belonging to Kurumans (ST) community, made applications to the respondent on 04 November 2015 seeking issuance of such certificate, as aforestated. Pursuant thereto, vide enquiry notices dated 10 December 2015, the petitioners were called for an enquiry on 14 December 2015. Accordingly, the petitioners appeared for the enquiry with the required documents, including the proceedings of the State Level Scrutiny Committee dated 06 March 2015, confirming the community status of their brother, viz., O. Paramasivam. However, subsequently, there has been no progress in the matter. Hence, the instant writ petitions seeking the aforestated relief.
4 The learned counsel for the petitioners submits that though the petitioners had furnished all the required documents in support of their claim, when they attended the enquiry on 14 December 2015 pursuant to the enquiry notice dated 10 December 2015, no orders have been passed on their applications, contrary to the time schedule fixed by the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1 and also by a Division Bench of this Court in G. Venkitasamy and V.Balasubramaniam vs. The Chairman, State Level Scrutiny Committee and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maaligai, Fort St. George, Chennai 92.
SATISH K.AGNIHOTRI, J.
and V. BHARATHIDASAN, J.
cad 5 The learned Special Government Pleader appearing for the respondent submits that the petitioners' applications will be examined in accordance with law and on their own merits, in the light of the judgment in G.Venkitasamy and V.Balasubramaniam (supra) and particularly, keeping in view the community status of the petitioners' brother, which stands duly verified and confirmed by the State Level Scrutiny Committee and a decision will be taken, within a period of four weeks.
6 In view of the aforestated submission of the learned Special Government Pleader, it is ordered accordingly. Needless to state that it is open to the authorities to examine the relationship of the petitioners with the said O. Paramasivam, who, according to the petitioners, is their own brother.
The writ petitions stand disposed of with the above observations. Costs made easy.
(SATISH K. AGNIHOTRI,J.) (V. BHARATHIDASAN, J.) 22 April 2016 cad To The Revenue Divisional Officer Dharmapuri Dharmapuri District W.P. Nos.14936 & 14937 of 2016