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Aswin (Minor) vs The State

Madras High Court|22 November, 2017

JUDGMENT / ORDER

(Order of the Court was made by C.T.SELVAM,J.) This writ petition has been filed seeking 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.360337 dated 10.02.1995 and 3603348 dated 13.02.1995 to father of petitioner and petitioner 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 to the people 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 04.06.2017, 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 verify the petition dated 04.06.2017 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.
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Title

Aswin (Minor) vs The State

Court

Madras High Court

JudgmentDate
22 November, 2017