L. DEVAN Vs. REVENUE DIVISIONAL OFFICER, DHARMAPURI

JUDGEMENT

(1.) Mr. R. Rajeswaran, learned Special Government Pleader, accepts notice for the respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal at the admission stage itself. The petitioner, claiming that he belongs to Kurichchan (ST) community, has made an application on 31st March, 2008 to the respondent seeking issuance of such community certificate to his children viz., D. Sivasankari and D. Sivaguru. The inaction of the respondent led to filing of W.P. No. 29393 of 2013, which was disposed of on 29th October, 2013, directing the respondent to pass orders on petitioner's application dated 31st March, 2008 within a period of two months. Thereafter, petitioner's application was rejected by the respondent by order dated 13th January, 2014. Challenging the said order petitioner again filed W.P. No. 5470 of 2014 whereunder by order dated 27th February, 2014 this Court set aside the rejection order dated 13th January, 2014 and remitted the matter back to the respondent to consider the request of the petitioner in the light of the community certificate issued to the petitioner himself. In the said order this Court also observed that if the respondent entertains any doubt about the genuineness of the said certificates, it is open to the respondent to refer the same to the competent committee. In spite of such direction, the respondent passed the impugned order dated 21st April, 2014, rejecting the request of the petitioner, which is under challenge in the instant petition.

(2.) From the perusal of the materials available on record, it is seen that the petitioner was issued with community certificate on 26th June, 1981 by the Tahsildar, Palacode stating that he belongs to Kurichchan (ST) community, and as such petitioner's children are also entitled get such community certificates.

(3.) We have been repeatedly observing that a community comprises not only of the members of the family, but also the members of the same group or tribe. In the case on hand, when the petitioner was issued with community certificate recognising his community as Kurichchan (ST) community, his children are also entitled to get such community status.