G RAJENDRAN Vs. REVENUE DIVISIONAL OFFICER, DHARMAPURI

JUDGEMENT

(1.) This writ petition has been filed to quash the order dated 04.12.2017 passed by the first respondent, with consequential prayer to direct the first respondent to issue community certificate to the petitioner's daughter and son viz., K.R.Sharmila and N.Santhoshkumar stating that they belong to "Kurumans" (Scheduled Tribe) Community.

(2.) The scheme of the case is as under:

(3.) The learned counsel for the petitioner submitted that the petitioner applied for community certificate to his daughter and son, for which, he produced the community certificates issued by the competent authority in his favour and in favour of his sister showing them to be belonged to "Kurumans" (ST) Community, which are still in force and are not cancelled by the higher authority. However, the first respondent, without considering any of the documents produced by the petitioner, has raised a doubt about the community status of the petitioner and his family and consequently, forwarded the application of the petitioner to the State Level Scrutiny Committee for further verification. That apart, the further proceedings on the petitioner's application was stayed, till the report is received from the said Committee. The learned counsel further submitted that this Court in a number of cases, held that once the parents of the applicants were issued with community certificates, without any further verification, the children are also entitled to get the said community certificates and the authorities cannot doubt the certificate issued in favour of the parents by another competent authority, unless it is set aside or modified by the higher authority viz., the State Level Scrutiny Committee. Thus, according to the learned counsel, the order dated 4.12.2017 passed by the first respondent is illegal, arbitrary and unsustainable in law.