M.JANCY Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings in Na.Ka.2851/2018 E, dtd. 24/12/2018 on the file of the second respondent, quash the same and direct the respondents to issue Community Certificate to the petitioner's son Minor P.Mukil Prathyun that he belongs to "Muthuvan (ST) Community" based upon the Community Certificate already possessed by the petitioner and her family members, viz., father and sister.

(2.) It is the case of the petitioner that she belongs to Muthuvan Community which is classified as Scheduled Tribe community. Her father M.Muthu obtained the Community Certificate from the Tahsildar, Sriperumbudur on 4/11/1985 stating that he belongs to Muthuvan (ST) Community. The petitioner and her sister M.Mathivathani obtained Community Certificate from the second respondent on 26/6/2009. The petitioner and her family are permanent residents of Avadi residing there for more than 40 years. Only for three years, as an interim arrangement, they were residing at Vandalur Otteri, Kancheepuram District from 2006 to 2009. Now, the petitioner's residence falls within Thiruvallur Division. Hence, the petitioner preferred an application on 18/7/2017 to the first respondent requesting to issue Community Certificate to the petitioner's son Minor P.Mukil Prathyun. For the past three years, the petitioner had been living separately with her son, because, her husband deserted her. The first respondent, on receipt of her application, conducted a detailed enquiry and concluded that the petitioner's family belong to Muthuvan (ST) Community. However, the first respondent, by proceedings dtd. 11/5/2018 informed the petitioner that she has to obtain Community Certificate only from the second respondent and as per G.O.Ms.No.61, Adi Dravidar and Tribal Welfare Department, dtd. 4/4/2005, she can approach the second respondent to get Community Certificate. As per the instructions of the first respondent, the petitioner preferred an application to the second respondent to issue Community Certificate to her son. However, the second respondent, on 3/9/2018, rejected her claim stating that she is not residing in Chengalpattu Division.

(3.) Challenging the above orders dtd. 11/5/2018 and 3/9/2018, the petitioner preferred a Writ Petition before this Court in W.P.No.25388 of 2018 to direct the first respondent to issue Community Certificate to her son Minor P.Mukil Prathyun that he belongs to Muthuvan (ST) Community on the basis of the Community Certificate possessed by the petitioner, her father and her sister, which were issued by the Tahsildar, Sirperumbudur to her father, by the Revenue Divisional Officer, Chengalpattu, to the petitioner and her sister. After hearing the parties, this Court, on 25/10/2018 held that the proper authority to issue the Community Certificate to the petitioner's son is the second respondent- RDO, Chengalpattu, Kanchipuram District. The second respondent, instead of obeying the said order of this Court and issue the Community Certificate to the petitioner's son, conducted a discreet enquiry and issued the impugned proceedings dtd. 24/12/2018 stating that their actual native is Valparai, Pollachi Taluk, Coimbatore District and after migration, they lived at Avadi for more than 50 years and hence, the petitioner may go to Valparai and obtain a Community Certificate. Challenging the said order dtd. 24/12/2018, the present Writ Petition is filed for the relief stated supra.