M MADHURAJ Vs. REVENUE DIVISIONAL OFFICER HOSUR

JUDGEMENT

(1.) THE petitioners in these writ petitions seek to challenge the orders of the respondent dated 5.1.2010 (order dated 6.8.2010 in W.P. No.24936 of 2010) passed in Na.Ka. No.6184/2009(A1), Na.Ka. No.6175/2009(A1) and Na.Ka. No.2343/2010(A1) respectively, rejecting the applications of the respective petitioners for issuance of community certificates to the petitioner and his daughter by name Hemavathy (in W.P. No.24814 of 2010); to the petitioner (in W.P. No.24815 of 2010); and to the petitioner as well as his daughter R. Jayalakshmi and his son R. Rajkumar (in W.P. No.24936 of 2010) to the effect that all of them belong to "Kurichchan" (ST) Community. Since the various grounds of attack of the petitioners in all these three writ petitions are identical, they are being disposed of by this common order.

(2.) THE main grievance of the petitioners is that while rejecting their claim for issuance of community certificates, adequate opportunity of hearing was not extended to them in order to prove their claim that they belong to "Kurichchan" (ST) Community, which is a notified Scheduled Tribe Community. Mr. S. Doraisamy, learned counsel appearing for the petitioners submitted that the petitioners, in support of their respective claim, produced various documents, which comprised of certificates issued in favour of their close relatives and that they also produced their school certificates and certain other documents, which were not properly considered by the respondent while rejecting their claim for issuance of the community certificates. THE learned counsel also contended that if the petitioners had been given an opportunity of hearing, they would have been in a position to establish their claim that they really belonged to the Kurichchan Community. THE learned counsel, therefore, seeks for the quashing of the orders impugned in these writ petitions and a direction to the respondent to give proper opportunity to the petitioners before deciding their applications for issuance of the aforesaid community certificates. Learned counsel further pointed out that one of the grounds on which the claim of the petitioners was rejected was that the community certificate issued to one of the close relatives of the petitioners was not allowed to be relied upon on the ground that the said certificate was issued by a Deputy Tahsildar, who was not competent to issue the same. According to the learned counsel, upto 13.5.1985, the Head Quarters Deputy Tahsildar and independent Deputy Tahsildars were delegated with the powers to issue community certificates in respect of Scheduled Castes/Scheduled Tribes and Backward Classes, and the said power was withdrawn only under G.O. Ms. No.517 (PL-M) Department, dated 14.5.1985. THE learned counsel submitted that the said position was also approved of by this Court in the decision reported in 2010 (3) C.T.C. 673 (C.V. Kalaivanan vs. THE Sub-Collector, Mettur Dam, Salem District). THE learned counsel, therefore, contended that the rejection of the certificates issued in favour of one of the relatives of the petitioners by a Deputy Tahsildar cannot be sustained.

(3.) IN Writ Petition No.24814 of 2010, we find that the petitioner has produced the School Leaving Certificate issued by the Headmaster, Government High School, Rayakotta dated 23.3.1970 in favour of one Muni Narasan, S/o. Muni Ugran; a Community Certificate dated __2/1981 issued by the Tahsildar, Denkanikottai in favour of Thiru. N. Nagarajan, S/o. Nagappan of Thimjepalli Village, Denkanikottai Taluk, Dharmapuri District; a Community Certificate dated 24.5.1982 issued in favour of Thiru. N. Muniraj, S/o. Nagappan by the Special Tahsildar, Denkanikottai, Dharmapuri District; the proceedings of the District Vigilance Committee, Krishnagiri dated 31.5.2006 in respect of Thiru. N. Muniraj, S/o. Nagappan holding that he belonged to Kurichchan Community and that the said certificate already secured by him was a genuine one; similar such order dated 16.8.2006 issued in favour of one Thiru. R. Lingan, S/o. Ramalingappa of Thimjepalli Village; a consequential order dated 31.5.2007 issued in respect of the said Lingan; an order dated 31.5.2007 of the District Vigilance Committee, Krishnagiri District in favour of N. Nagarajan, S/o. Nagappan holding that the community certificate obtained by him was genuine; a Community Certificate dated 17.6.2007 issued in favour of one L. Baggiyalakshmi, D/o. Late D.V. Rudrappa by the Revenue Divisional Officer, Hosur; a Transfer Certificate dated 15.4.2009 issued in favour of the petitioner herein by the Headmaster, Government Higher Secondary School, Ullukurikkai, Krishnagiri District; an order of the State Level Scrutiny Committee dated 29.7.2009 in respect of one Thiru. Sathiyarangan, S/o. Muthappan holding that his community certificate was genuine; the application of the petitioner dated 9.11.2009 made to the respondent herein seeking issuance of a community certificate in his favour as well as for his daughter, enclosing as many as 17 documents, including a chart showing the genealogy of the petitioner.