Judgment :- C. Nagappan, J. The petitioner has sought for issuance of a writ of Mandamus directing the third respondent to issue a fresh Community Certificate to him certifying that he belongs to Hindu Chakkiliyan community. 2. The facts are not in dispute. The petitioner is the son of N.Rajasekaran and R.Shanthi and both of them are doctors. The petitioners father Rajasekaran belongs to Hindu Chakkiliyan community and mother Shanthi belongs Thuluva Naicker community and it was an inter-caste marriage and the petitioner was born to them on 8. 1991. The petitioners father Rajasekaran gave application, dated 17. 2006, seeking for issuance of Community Certificate to his son R.S.Balachandar, as belonging to Hindu Thuluva Naicker community. Based on the above application, Head Quarters Deputy Tahsildar, issued Community Certificate dated 25. 2007, certifying that the petitioner belongs to Hindu Thuluva Naicker community. 3. The case of the petitioner is that he was born and brought up as a member of Hindu Chakkiliyan community and his family has been taking part in all the community festivals and other social observances as member of the said Community and Hindu Chakkiliyan community had fully accepted him as one of its members and by mistake his Community Certificate was wrongly issued and the declaration said to have been given, as per G.O.Ms.No.477, Social Welfare Department, dated 26. 1975, is not valid in law since the above Government Order has been partly modified in G.O.(2D): 17, Adi Dravidar and Tribal Welfare (ADW.II) Department, dated 18. 1994, providing for issuance of Scheduled Caste/Scheduled Tribe Community Certificate after verification of the acceptance given by the members of Scheduled Caste/Scheduled Tribe community living in that area and the petitioner is ready to submit himself for enquiry and he gave representation dated 9. 2009 to the third respondent seeking for issuance of a Community Certificate that he belongs to Hindu Chakkiliyan community, and that was not considered and hence, he has filed the writ petition. 4. The third respondent has filed the counter stating that based on the declaration given by the father of the petitioner, the Community Certificate was issued certifying that the petitioner belongs to Hindu Thuluva Naicker community, Most Backward Class and though the Hindu Chakkiliyan community had accepted the petitioner as a member, a revised Community Certificate could not be issued as per the provisions in the Government Order in G.O.Ms.No.477, Social Welfare Department, dated 26. 1975. 5. We heard Mr. V.Lakshminarayanan, the learned counsel appearing for the petitioner and the learned Government Advocate for the respondents. 6. The Government of Tamil Nadu passed Government Order in G.O.Ms.No.477, Social Welfare Department, dated 26. 1975, for determination of the Community of the children born to inter-caste married couple based on the declaration of the parents regarding the way of life in which the children are brought up. The said Government Order came to be modified by the Government of Tamil Nadu in G.O. (2D) : 17, Adi Dravidar and Tribal Welfare (ADW.II) Department, dated 18. 1994 and for better appreciation, the said Government Order is extracted below : "GOVERNMENT OF TAMIL NADU ABSTRACT Issue of Scheduled Caste/Scheduled Tribes Community Certificates to Off-Springs of Inter – Caste married couple – Instructions – Issued in G.O.(477), Social Welfare Department, dated 27-6—75 – Modification orders – Issued. ADI DRAVIDAR AND TRIBAL WELFARE ( ADW.II ) DEPARTMENT G.O.(2D):17 Dated : 16 - 8 -1994 Read again; 1. G.O. ( Ms ) No. 477, Social Welfare Department, dated 27-6-75 2. From the Government of India (Ministry of Welfare) Lr.No. 12017/1/91 SCD-R Cell, dated 8 -4 -91 and 17-1-94. ORDER : In the Government Order read above, Government ordered that children born of Inter–Caste marriage shall be considered to be belonging to either the community of the father or the mother according to the declaration of parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children. .2. The Government of India in their letter read above have informed that it is the recognition and acceptance by the Scheduled Caste/Scheduled Tribe society of the children born out of a marriage between a member of Scheduled Caste/Scheduled Tribe with an outsider, which is the main determining factor irrespective of, whether the Tribe is matriarchal or patriarchal and that the final result will always depend on whether the child was accepted as a member of the Scheduled Caste/Scheduled Tribe or not. The Government of India have further informed that in fact the present Government order read above would affect the interest of genuine Scheduled Caste/Scheduled Tribe persons in the matter of Scheduled Caste/Scheduled Tribe benefits provided to them. The Government of India have further informed that in fact the present Government order read above would affect the interest of genuine Scheduled Caste/Scheduled Tribe persons in the matter of Scheduled Caste/Scheduled Tribe benefits provided to them. Hence, the Government of India have suggested that the Government order read above may be withdrawn and Scheduled Caste/Scheduled Tribe claims of the off-springs of inter-caste married couple may be decided in accordance with the legal position circulated by the Government of India. 3. In modification of orders issued in G.O.Ms.No.477, Social Welfare Department, dated 26. 75, the Government direct that Scheduled Caste/Scheduled Tribe certificates to the off-springs of inter-caste married couple, where one of the spouses is a member of Scheduled Caste/Scheduled Tribe community will be issued after verification of the acceptance given by the members of Scheduled Caste/Scheduled Tribe community living in that area. 4. This order takes effect from the date of issue. 5. The Principal Commissioner and Commissioner of Revenue Administration/Director of Adi Dravidar and Tribal Welfare is requested to issue suitable instructions to all concerned to adhere to the above instructions scrupulously and to make it clear to them any default will be viewed seriously. A copy of the instructions issued may also be sent to Government. .6. Thereceipt of this order should be acknowledged. .(BY ORDER OF THE GOVERNOR) P.NATESAN, SECRETARY TO GOVERNMENT" 7. By virtue of the above Government Order, the State Government has directed that Off-Springs of Inter-Caste married couple, where one of the spouses is a member of Scheduled Caste/ Scheduled Tribe Community, will be issued Scheduled Caste/Scheduled Tribe certificates after verification of the acceptance given by the members of the Scheduled Caste/Scheduled Tribe community living in the area concerned. In fact, the modified Government Order came into force from 18. 1994 itself. Admittedly, as per the counter in the present case, even according to the third respondent, the father of the petitioner belongs to Hindu Chakkiliyan community and the said community has accepted the petitioner as a member. The only ground put against the petitioner is that he was issued Community Certificate stating that he belongs to Hindu Thuluva Naicker community (Most Backward Class) based on the declaration given by the parent, namely, the father. As already seen, the declaration in the application was made by the father on 17. 2006. The only ground put against the petitioner is that he was issued Community Certificate stating that he belongs to Hindu Thuluva Naicker community (Most Backward Class) based on the declaration given by the parent, namely, the father. As already seen, the declaration in the application was made by the father on 17. 2006. The father of the petitioner belongs to Scheduled Caste community and the petitioner having born to the spouses of inter-caste marriage will be issued with the Scheduled Caste Community Certificate after verification of the acceptance of the Community as stated in the modified Government Order dated 18. 1994. 8. It is relevant to note that the modification of the earlier Government Order was necessitated on account of the letter written by Government of India emphasising that it is the recognition and acceptance by the Scheduled Caste/Scheduled Tribe society of the children born out of a marriage between a member of Scheduled Caste/Scheduled Tribe with an outsider, which is the main determining factor irrespective of, whether the Tribe is matriarchal or patriarchal, and the final result will always depend on whether the child was accepted as a member of the Scheduled Caste/Scheduled Tribe or not. In such circumstances, the declaration given by the father of the petitioner is of no value in the eye of law. The Community Certificate said to have been given on the basis of the declaration of the father alone cannot be put against the petitioner for denying the benefit of the modified Government Order dated 18. 1994. 9. In fact, we called for the file and have perused the same. A communication dated 28. 2009 has been addressed by the District Adi-Dravidar and Tribal Welfare Officer, Ariyalur, to the Revenue Divisional Officer, Ariyalur, recommending issuance of Community Certificate to the petitioner as Hindu Chakkiliyan community based on the community of the father. The Revenue Divisional Officer in his reply dated 9. 2009 addressed to the District Adi-Dravidar Welfare Officer has stated that the Community Certificate of the petitioner has been issued based on the declaration of the parent and there is no ground to cancel the same and hence, the petitioner cannot be granted Hindu Chakkiliyan community Certificate. The Revenue Divisional Officer though referred to the modified Government Order issued in G.O.(2D):17, dated 18. The Revenue Divisional Officer though referred to the modified Government Order issued in G.O.(2D):17, dated 18. 1994, in his reply, has failed to consider the same and has relied on the Government Order in G.O.Ms.No.477, dated 26. 1975. As per the modified Government Order dated 18. 1994, in inter-caste marriage, if one of the spouses is a member of Scheduled Caste/Scheduled Tribe community, the off-spring will be issued Scheduled Caste/Scheduled Tribe certificate after verification of the acceptance given by the members of the said community living in the area. Such an exercise was not done in the case of the petitioner. In the facts and circumstances of the case, we are of the considered view that the Community Certificate dated 25. 2007 has been issued without adherence to relevant Government Order and it is liable to be set aside. 10. The Competent Authority for issuing the Scheduled Caste Community Certificate is Tahsildhar as per G.O.Ms.No.1139 dated 23. 1982 and G.O.Ms.No.2137, dated 111. 1989, and hence, the third respondent is the competent authority to consider the claim of the petitioner. 11. In the result, the Community Certificate dated 25. 2007 stating that the petitioner belongs to Thuluva Naicker community (Most Backward Class) is set aside and the matter is remitted to the third respondent, namely, the Tahsildar, Ariyalur, and the third respondent is directed to hold an enquiry in terms of G.O.(2D) : 17, ADW.II Department, dated 18. 1994, by giving opportunity to the petitioner to adduce evidence and pass order on the claim of the petitioner within a period of three months from the date of receipt of copy of this Order and the writ petition is ordered accordingly. No costs.