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2000 DIGILAW 249 (MAD)

B. Rajagopalan v. Indian Telephone Industries Ltd.

2000-03-01

T.MEENA KUMARI

body2000
Judgment : 1. This writ petition is filed to issue a writ of Mandamus or any other appropriate writ, order or direction forbearing the first respondent from demanding or insisting upon the petitioner to produce another caste or community certificate from any other competent authority but continue to act on the basis of the community certificate already produced by the petitioner dated 10.12.1965 from the Deputy Tahsildar Mettur. 2. The case of the petitioner is that he was selected as Assistant Executive Engineer Grade II by the first respondent under SC/ST quota on an application in 1974 and confirmed in the said post. At the time of application and subsequently, the petitioner produced a community certificate issued to him by the Deputy Tahsildar, Mettur dated 10.12, 1965. The said certificate was issued to him after due enquiries. After the lapse of 1 1/2 years from the date of his appointment, the petitioner was asked to produce a new community certificate in the year 1975, from the competent authority. He obtained a community certificate issued by the Metropolitan Magistrate, Bangalore and the first respondent also accepted the same and continued the petitioner in service. Now he is working as Chief Engineer Grade IV from 1990 and all his promotions have been effected on the basis of his seniority-cum-merit. Surprisingly in the year 1989, after 1 1/2 decades the first respondent directed the petitioner to produce one more community certificate by his letter dated 22.12.1988. It has also been further stated in the above letter that in case of failure to produce the certificate, the respondents are constrained to initiate action to delete'-the name of the petitioner from the Schedule Tribes caste. Hence, the present writ petition. 3. When the writ petition was taken up for hearing, a doubt has arisen as to the maintainability of the writ petition on the ground of territorial jurisdiction as the petitioner is working at Bangalore and the first respondent also is at Bangalore. 4. In a decision reported in Lt. Col. Khajoor Singh v. The Union of India & another, 1961 (2) SCR 828 : AIR 1961 SC 532 the Supreme Court has held that the High Court has got territorial jurisdiction where the person or authority from whom relief is sought are situate. 4. In a decision reported in Lt. Col. Khajoor Singh v. The Union of India & another, 1961 (2) SCR 828 : AIR 1961 SC 532 the Supreme Court has held that the High Court has got territorial jurisdiction where the person or authority from whom relief is sought are situate. In another decision reported in Oil And Natural Gas Commission v. Utpal Kumar Basu and others, 1994 (4) SCC 711 the Apex Court has held that the petitioner under Article 226 of constitution against one Government cannot be brought before another State it no part of the cause of action ion arises and merely because the residence of the petitioner is in the other State. In this case the respondents have directed the petitioner to produce the caste certificate by their memo dated 17.10.1992, questioning the same the present writ petition has been filed before the High Court of Judicature at Madras in 1992. It is not in dispute that the petitioner and the first respondent are residing at Bangalore and merely because the Deputy Tahsildar, Mettur has issued the caste certificate, it cannot be construed that cause of action arose within the territorial jurisdiction of Madras to file the writ petition. Learned counsel for the petitioner argued that because the Tahsildar who issued the caste certificate in 1995 belongs to this State, this Court has got power till today. Merely because of it, it cannot be a ground to invoke Article 226 of Constitution, and hence, this writ petition is not maintainable for want of territorial jurisdiction. 5. The writ petition is dismissed. No costs However, if the petitioner wants to produce the casts certificate from the competent authority, he can do so. Consequently, W.M.P. No. 24685 of 1992 is also dismissed.