High Court · 2025

W.P.No.29179 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.08.2025C O R A MTHE HONOURABLE MRS.JUSTICE J.NISHA BANUANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANW.P.No.29179 of 2025 andW.M.P.No.32749 of 2025C.P.Mohan... Petitioner-vs-1.The Tamil Nadu State Level Scrutiny Committee, Adhi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai 600 009, rep. by its Chairman.2. The District Collector,Tiruvallur District, Tiruvallur.3. The Revenue Divisional Officer, Tiruttani, Tiruvallur District.... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of cancellation of community certificate of the petitioners in Na.Ka.No.J3/3196/2020 dated 10.10.2024 on the file of the 2nd respondent, quash the same and direct the respondents or any of their agency not to reopen the verification of the community certificate of the petitioner based upon the State Committee report of the petitioner's mother's 1/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025own brothers A.K.Vijayan in proceedings No.3270/CV-4(1)/2010-11 dated 05.02.2020 and A.K.Natarajan in proceedings No.12874/CV-4(1)/2019-9 dated 04.05.2022, which was upheld by this court in W.P.No.37214 of 2024 dated 06.12.2024. For Petitioner: Mr.S.DoraisamyFor Respondent : Mr.Vadivel Deenadayalan Addl. Govt. Pleader*****O R D E R(Order of the Court was made by J.NISHA BANU,J.)This Writ Petition has been filed, challenging the order of cancellation of community certificate of the petitioner by the 2nd respondent and direct the respondents or any of their agency not to reopen the verification of the community certificate of the petitioners based upon the State Committee report of the petitioner's mother's own brothers A.K.Vijayan in proceedings No.3270/CV-4(1)/2010-11 dated 05.02.2020 and A.K.Natarajan in proceedings No.12874/CV-4(1)/2019-9 dated 04.05.2022, which was upheld by this court in W.P.No.37214 of 2024 dated 06.12.2024.2. It is the case of the petitioner that he belongs to Konda Reddis (ST) Community and obtained a Community Certificate to that effect from the 3rd respondent on 16.04.2018. The certificate was issued to 2/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025the petitioner, after proper verification of documents and enquiry conducted by the Village Administrative Officer, Revenue Inspector and Tahsildar. It is further case of the petitioner that the community certificate of his mother's own brother by name A.K.Vijayan dated 24.06.1982 was referred to the State Level Scrutiny Committee by his employer for verification of the genuineness. The State Level Scrutiny Committee, after thorough enquiry, gave findings in its proceedings dated 05.02.2020 that he belongs to Kondareddis (ST) community and the community certificate issued to him is genuine. Likewise, the community certificate of another own brother of the petitioner's mother, namely, A.K.Natarajan was also verified by the State Level Scrutiny Committee and by its proceedings dated 04.05.2022 found that the community certificate obtained by him genuine. While so, the 2nd respondent, issued a notice to the petitioner as well as A.K.Natarajan, own brother of petitioner's mother to appear for enquiry to verify community certificate, based upon the complaint received from third party. After enquiry, the 2nd respondent, cancelled the community certificates issued to the petitioner as well as A.K.Natarajan, who is the own brother of the petitioner's mother. The cancellation of community certificate of 3/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025A.K.Natarajan was challenged by him in W.P.No.37214 of 2024 and the same was allowed by this court, vide order dated 06.12.2024. Now, the petitioner herein has filed the present petition, challenging the cancellation order.3. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials placed before this Court.4. Admittedly, the petitioner was issued Community Certificate by the Revenue Divisional Officer, Tiruttani, stating that he belongs to Hindu Konda Reddis community. It is not disputed that the community certificates issued to the own brothers of the petitioner's mother, namely A.K.Natarajan and A.K.Vijayan that they belong to “Konday Reddis Community“ were verified by the State Level Scrutiny Committee and the Committee found that the community certificates issued to them are genuine. 5. In such circumstances, it is unfortunate to note that the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025petitioner's community certificate was cancelled without considering the certificate issued to the own brothers of the petitioner's mother, which is confirmed by the State Level Scrutiny Committee after enquiry. We have been repeatedly observing that a community comprises the members of the family and also members of the same group or tribe or caste and that the children derive their community from their parents and members of the family. If they have been given community certificate, their children, are entitled to the said certificate without any further verification.6. In an identical situation, a Division Bench of this Court in W.P.No.37214 of 2024, dated 06.12.2024, held as follows:“2. The petitioner was favoured with a certificate certifying that he belongs to ?Kondareddis?, a schedule tribe community by the jurisdictional Tahsildar on 14.12.1982. Thereafter, the said certificate was put to verification process by the State Level Scrutiny Committee and the Committee by its order dated 04.05.2022 confirmed the genuineness of the certificate issued to the petitioner. After the State Level Committee had passed orders, the District Collector has initiated separate proceedings on 10.10.2024 and had cancelled the certificate issued by the Revenue Divisional Officer on 19.04.2018 in favour of the petitioner. This, in our considered opinion, is completely without jurisdiction.3. As per the judgment of the Hon-ble Supreme Court in Kumari Madhuri Patil Vs. Additional Commissioner reported 5/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025in 1994 (6) SCC 241 as well as the manual that has been issued by the State Government regarding verification of community certificates, the final authority lies with the State Level Committee. Once the State Level Committee has affirmed the genuineness of the certificate, the District Collector has no jurisdiction to re~determine the issue. 4. Hence, this Writ Petition is allowed, setting aside the order of the District Collector, Tiruvallur dated 10.10.2024. It is made clear that the respondents cannot launch upon any further enquiry in view of the orders passed by the State Level Committee as early as on 04.05.2022. No costs. Consequently, connected miscellaneous petition is closed.”7. In the light of the above said order, this writ petition is also allowed, setting aside the impugned order passed by the 2nd respondent. It is made clear that the respondents shall not harass the petitioner in the garb of further enquiry upon his community certificate any more. No costs. Connected Miscellaneous Petition is closed.(J.N.B.J.,) (M.J.R,J.,) 07.08.2025Index: Yes / NoInternet: Yes / Noar6/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025To:1.The Chairman,Tamil Nadu State Level Scrutiny Committee, Adhi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai 600 009.2. The District Collector,Tiruvallur District, Tiruvallur.3. The Revenue Divisional Officer, Tiruttani, Tiruvallur District.J.NISHA BANU, J.7/8 https://www.mhc.tn.gov.in/judis W.P.No.29179 of 2025ANDM.JOTHIRAMAN , J. arW.P.No.29179 of 202507.08.20258/8