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1997 DIGILAW 730 (MAD)

K. M. Parthasarathy v. Revenue Divisional Officer

1997-07-24

K.GNANAPRAKASAM

body1997
Judgment : 1. The petitioner has filed this petition for issue of writ of Certiorari calling for the records of the Revenue Divisional Officer, Thiruvallur and to quash his proceedings in Ni.Mu.3238/88/A4 dated 18. 1988. 2. The contention of the petitioner is that he belongs to “Konda Reddy” community which is classified as Scheduled Tribe by the Government of India and also by the Government of Tamil Nadu. The petitioner has passed S.S.L.C. examination and applied to the Revenue Divisional Officer, Thiruvallur (the respondent herein) for the issue of community certificate in his favour stating that he belongs to Konda Reddy Community. The respondent held an enquiry on 5. 1988 in which the petitioner had produced several documents to show that he belongs to Konda Reddy Community. The petitioner also produced an ancient sale deed dated 13. 1901 in which the community of his Great Grand father was described as “Konthalakulam” which is a colloquial equivalent of Konda Reddy Community. The petitioner further contended that “Konthalakulam” is nothing but “Konda Reddy” Community. However, the respondent rejected his contention and refused to issue community certificate in his proceedings Ni.Mu.3238/88/A4 dated 18. 1988, and the same is being questioned in this writ petition. 3. The respondent has not filed any counter. 4. I have heard the learned advocate for the petitioner and the learned Government Pleader and also I have gone through the records. 5. The main Contention of the learned advocate for the petitioner is that “Konthalakulam” and “Konda Reddy” community are synonymous and therefore the petitioner is entitled to get a community certificate that he belongs to “Konda Reddy” community. To sustain his claim, he submitted the order passed by the Division Bench of this Honourable High Court in Writ Petition Nos.2197 and 3462 of 1983, in which this Court held that “Konthalakulam” is synonymous to “Konda Reddy” and the former is merely an old colloquial expression describing the community of “Konda Reddy”. The fact that the petitioner has produced an ancient sale deed dated 13. 1901 wherein the community of his Great Grand Father described as “Konthalakulam” is neither denied nor controverted by the respondent. The counsel for the petitioner has also submitted another judgment of this Honourable High Court dated 1. The fact that the petitioner has produced an ancient sale deed dated 13. 1901 wherein the community of his Great Grand Father described as “Konthalakulam” is neither denied nor controverted by the respondent. The counsel for the petitioner has also submitted another judgment of this Honourable High Court dated 1. 1997 made in writ petition No. 4177 of 1987, wherein the learned Single Judge has also relied upon the earlier order of the Division Bench of this High Court in Writ Petitions Nos.2197 and 3462 of 1983. 6. Hence, I come to the conclusion and also hold that “Konthalakulam” is synonymous to “Konda Reddy”. Hence, this petition has to be allowed and the same is allowed by quashing the order passed by the respondent. The respondent is further directed to issue certificate to the petitioner stating that he belongs to “Konda Reddy” community, within a period of six weeks from the date of receipt of copy of this order. However there will be no order as to cost.