JUDGMENT Pushpa Sathyanarayana, J. Challenging the proceedings dated 29.5.2012 issued by the Respondent / Revenue Divisional Officer, Krishnagiri, refusing to grant Community Certificate as KURUMANS (Scheduled Tribe) to the petitioner, the present Writ Petition has been filed seeking to quash the same and for a direction to the Respondent to issue Community Certificate to him. 2. From the materials available on record, it is seen that the Petitioner, claiming himself as belonging to KURUMANS community, which is notified as a Scheduled Tribe under the Presidential List, made a representation to the Revenue Divisional Officer on 25.10.2011 for issuance of Community Certificate and since the same was not considered, he moved this Court by filing W.P. No. 6524 of 2012 for a Writ of Mandamus directing the respondent to dispose of his representation dated 25.10.2011. This Court, by order dated 16.3.2012, directed the respondent, who is the authority competent to issue such Caste Certificate, to consider the said representation and pass appropriate orders on merits and in accordance with law, after conducting appropriate enquiry, within a period of six weeks from the date of receipt of the order. It is further seen that based on the said order, an enquiry has been conducted and the request of the petitioner for issuance of the Community Certificate as KURUMBAN (Scheduled Tribe) was rejected by the Revenue Divisional Officer, Krishnagiri, in proceedings dated Na.Ka. 1810/2012/F/29.5.2012, which is impugned in this Writ Petition. 3. Learned counsel appearing for the petitioner, referring to the Community Certificates issued to some other persons by the Revenue Divisional Officer, Dharmapuri, would contend that the order passed by the Respondent is not sustainable either by facts or law. He would further submit that the Respondent has not followed the guidelines laid down by the Hon'ble Supreme Court in KumariMadhuri Patil v. Additional Commissioner [ 1994 (6) SCC 241 ] before issuing the impugned order and sought for the interference of this Court. 4. Per contra, learned Additional Government Pleader representing the Respondent would submit that the enquiry with regard to the request of the Petitioner, revealed that he belongs to KURUMBAR Community, which has been declared as Most Backward Class, residing at Ayalampatti Village in Pochampalli Taluk, which is a developed village and the villagers in the area are civilized and well- cultured leading a modern life. He would further submit that Kurumans community people are not at all residing in Pochampalli Taluk and as such, according to the learned Additional Government Pleader, the petitioner belongs to Hindu KURUMBAR Community and not KURUMANS community. 5. Heard the learned counsel appearing for the Writ Petitioner and the learned Additional Government Pleader representing the Respondent and perused the records. 6. It is not disputed that the Respondent Revenue Divisional Officer is the authority competent to issue Caste Certificate. From a perusal of the records, it is seen that, earlier, though this Court by order dated 16.3.2012, had directed the Revenue Divisional Officer to take up enquiry with regard to the community of the Petitioner, a mere reading of the impugned order would show that the Respondent / Revenue Divisional Officer had delegated the same to the Tahsildar, Pochampalli, who, in turn, had submitted a report in Na. Ka. No. 4041/2012/C1/21.4.2012. Therefore, it is clear that the order is passed without application of mind. Further, the report submitted by the Tahsildar, Pochampalli, states that the father of the Petitioner, Ranganathan was living in Kathirnaickanpatty Village, Harur Taluk, Dharmapuri District, for a period of about 50 years and thereafter, migrated to Ayalampatti Village, Parandapalli Post, Pochampalli Taluk, besides stating that there are 50 of KURUMBAR community people and that all of them have been issued certificate as belonging to KURUMBAR community (MBC). The report of the Tahsildar further states that since the petitioner and his brothers, who are graduates, also obtained Community Certificate as KURUMBAR, the petitioner is not entitled to obtain a certificate as KURUMAN as he does not belong to KURUMANS (ST). Based on the said report of the Tahsildar and the documents produced by him, the Revenue Divisional Officer has passed an order stating that the petitioner belongs to KURUMBAR community and he is not entitled to the Community Certificate as KURUMANS. 7. As it has been repeatedly held by this Court that there is no such community as KURUMBAR and the said community KURUMBAR does not fall under any of the categories in the Presidential List, the order of the Revenue Divisional Officer suffers from legal infirmity. On this ground alone, the report of the Tahsildar is liable to be set aside. 8. Even presuming that the report of the Tahsildar can be relied upon, as per G.O. Ms. On this ground alone, the report of the Tahsildar is liable to be set aside. 8. Even presuming that the report of the Tahsildar can be relied upon, as per G.O. Ms. No. 2137 dated 11.11.1989, it is only the Revenue Divisional Officer, who is authorised to issue Community Certificates to the applicants belonging to Scheduled Tribes. Even in the earlier order dated 16.3.2012 passed in W.P. No. 6524 of 2012, this court has specifically directed the Revenue Divisional Officer to conduct the enquiry before issuing Community Certificate. 9. Earlier, in respect of the very same question, this court, by order dated 29.10.2010 in W.P.No.19885 of 2010, passed the following order:- "3. On the above submission, we heard Mr.M.Dhandapani, learned Special Government Pleader appearing for the respondents and he would fairly submit that 'Kurumbar' Community is not a community notified under the Government Order. 4. In our opinion, as it is not in dispute that 'Kurumbar' community is not one of the communities notified by the Government, for the purpose of identifying the status of an individual, that community cannot be taken into consideration. If that be so, the finding of the second respondent that the petitioner belongs to 'Kurumbar' community cannot be sustained and as a necessary corollary, the same cannot be the reason for rejecting the request of the petitioner for issuance of Kurumans community certificate. 5. In view of the above, we are inclined to accept the submission of the learned counsel for the petitioner. Accordingly, the impugned order is set aside and the matter is now remitted to the second respondent, Revenue Divisional Officer, Vellore, Vellore District, for fresh consideration of the application of the petitioner. The petitioner shall file an affidavit of her parents/guardians duly sworn to and attested by a competent gazetted officer or non-gazetted officer with particulars of caste and sub castes, tribe, tribal community, parts or groups of tribes or tribal communities, the place from which she originally hails from and other particulars as may be prescribed by the concerned Directorate. Such an affidavit shall be filed by the petitioner together with any other further materials that may be available with her within a period of thirty days from the date of receipt of copy of the order. Such an affidavit shall be filed by the petitioner together with any other further materials that may be available with her within a period of thirty days from the date of receipt of copy of the order. On receipt of the same, the Revenue Divisional Officer, Vellore, Vellore District, shall consider the application of the petitioner independently and without reference to the earlier finding that the petitioner belongs to 'Kurumbar' community and pass necessary orders on that application in a period of two months therefrom. 6. With the above direction the writ petition is allowed. No costs." 10. In view of the above, we are of the view that the impugned order suffers from two legal infirmities, viz., (i) classifying the Petitioner as belonging to KURUMBAR community, which is not in the Presidential List in any of the categories, be it, Scheduled Tribe or Most Backward Class; and (ii) when the Revenue Divisional Officer is the authority to enquire and issue Community Certificate regarding Scheduled Tribes, the action of the Respondent relying on the report of the Tahsildar to pass the impugned order, is unsustainable. 11. For the foregoing reasons, the Writ Petition succeeds and the impugned order is set aside. The matter is remitted back to the Respondent / Revenue Divisional Officer, Krishnagiri, to enquire into the matter afresh and dispose of on its own merits and as per law, within a period of six weeks from the date of receipt of a copy of this order. With this direction, the Writ petition stands disposed of. No costs.