IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 23.11.2017 CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.30214 of 2017 Anandraj ... Petitioner S/o.Bheeman vs.
1. The State, Rep by its Secretary, Adi Dravidar and Tribal Welfare, Secretariat, Fort Saint George, Chennai 600 009.
2. The Collector, Nilgiris District, Udhagamandalam.
3. The Revenue Divisional Officer, Revenue Divisional Office, Udhagamandalam, The Nilgiris. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the third respondent, the Revenue Divisional Officer, Udhagamandalam to issue the Community Certificate as Hindu Malaivedan Community recognized as Scheduled Tribes to the petitioner as per G.O.Ms.No.1773/SWD dated 23.06.1984 SC/ST Orders (Amendment Act, 1976 vide Serial No.22 on the petition of the petitioner dated 27.07.2015.
For Petitioner : Mr.S.Radhakrishnan For Respondents : Mr.S.N.Parthasarathy (Govt. Advocate)
O R D E R
(Order of the Court was made by C.T.SELVAM,J.) This writ petition has been filed seeking for a direction to 3rd respondent, Revenue Divisional Officer, Udhagamandalam to issue Community Certificate as Hindu Malai vedan Community recognized as Scheduled Tribe to petitioner as per G.O.Ms.No.1773/SWD dated 23.06.1984 SC/ST Order (Amendment Act, 1976 vide Serial No.22.
2. According to petitioner, he belongs to Hindu Malai vedan Community and is living in Pannimaram and Tattaneri Village, Udhagamandalam Taluk. The Sub Collector, Coonoor has issued permanent community certificate Nos.3603170 dated 31.01.1993 and 3603384 dated 09.03.1995 to the petitioner's grandfather and father respectively as belonging to Schedule Tribe as per G.O.Ms.No.1773/SWD, dated 23.06.1984. Government has also issued identity card to each family of Pannimaram and Tattaneri village, all of whom are related, in the year 1997.
3. The grievance of petitioner is that even though he approached 3rd respondent, Revenue Divisional Officer, Udhagamandalam, by petition dated 27.07.2015, 3rd respondent has not acted upon the same.
4. The learned counsel for petitioner submits that as per the SC & ST orders (Amendment) Act 1976, petitioner's community viz., Hindu Malai vedan is classified as Schedule Tribes and it is for 3rd respondent to issue community certificate in this regard.
5. Mr.S.N.Parthasarathy, learned Government Advocate, who accepts notice on behalf of respondents 1 to 3, submits that a direction may be issued to 3rd respondent, Revenue Divisional Officer, Udhagamandalam, the Nilgiris, to pass appropriate orders on the petition submitted by petitioner.
6. Considering the facts and circumstances of the case and also the submission made by learned counsel on either side, 3rd respondent, Revenue Divisional Officer, Udhagamandalam, The Nilgiris shall meticulously verify the petition dated 27.07.2015 said to have been submitted by petitioner and consider the case of petitioner with regard to issuance of permanent community certificate as per G.O.Ms.No.1773/SWD dated 23.06.1984 SC and ST orders (Amendment) Act, 1976. Petitioner shall also submit all documents/certificates which are necessary for consideration and verification of community status by Revenue Divisional Officer. The Revenue Divisional Officer, Udhagamandalam, on satisfaction of documents submitted by petitioner with regard to community certificate status, shall pass appropriate orders in accordance with law within two weeks from the date of production of a copy of this order by petitioner.
7. The writ petition is disposed of with the above direction. No costs.
Index:Yes/No Internet:Yes/No cla [C.T.S., J] [M.V.M., J] 23.11.2017 To:
1. The Secretary, Adi Dravidar and Tribal Welfare, Secretariat, Fort Saint George, Chennnai 600 009.
2. The Collector, Nilgiris District, Udhagamandalam.
3. The Revenue Divisional Officer, Revenue Divisional Office, Udhagamandalam, The Nilgiris.
C.T.SELVAM, J
and M.V.MURALIDARAN, J
cla Order in
W.P.No.30214 of 2017
Dated: 23.11.2017