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2013 DIGILAW 772 (MAD)

B. Hemamalini v. District Collector

2013-02-05

CHITRA VENKATARAMAN, S.VIMALA

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Judgment :- Chitra Venkataraman, J. 1. The petitioners seek a Writ of Certiorarified Mandamus to quash the proceedings, dated 14.11.2009, on the file of the second respondent and to consider the representation, dated 06.07.2011 that the petitioners belong to the 'Hindu Kattunaickan Community'. Hence, they seek issue of a 'Community Certificate' as such. 2. It is seen from the narration in the affidavit that in response to a representation made by the petitioners for grant of a 'Community Certificate' that they belong to 'Hindu Kattunaickan Community', the District Collector sent a letter, on 09.10.2004, that the petitioner's father belonged to Virudhunagar District and hence, they have to make an application to the concerned authorities in Virudhunagar District. 3. It is stated that the petitioners made a representation before the fifth respondent, on 21.07.2005, namely, the Revenue Divisional Officer, Nagercoil, for grant of the Community Certificate for the petitioners. A reply was received from the fifth respondent, dated 13.08.2005, directing the petitioners to get a Certificate from the officials of their native district, namely, Virudhunagar District. Once again, another representation was made before the District Collector, Virudhunagar District, on 27.08.2007, seeking issuance of the Community Certificate for the petitioners. Again, on the same day, a representation was made before the second respondent, the Revenue Divisional Officer, Arpukkottai, Virudhunagar District, for grant of the Community Certificate to the petitioners. As per office memo g.K.n.1/8078/2007, dated 23.06.2008, the second respondent directed the Tahsildar to conduct an enquiry and report to him. It is stated that the petitioners do not know about the outcome of the enquiry. As per the application, dated 13.06.2009, under the Right to Information Act, the petitioners sought for the stage of the enquiry. 4. In the background of the above facts, a Writ of Mandamus was preferred in W.P. (MD).No.5784 of 2009, wherein, by an order, dated 07.07.2009, this Court, directed the fourth respondent therein, namely, the Revenue Divisional Officer, Aruppukottai, Virudhunagar District, to consider the representation and pass appropriate orders thereon, within a period of eight weeks from the date of receipt of a copy of the order. 5. Accordingly, the Revenue Divisional Officer, Aruppukottai, Virudhunagar District, directed the petitioner to approach the petitioner's father for an enquiry, on 15.10.2009. 5. Accordingly, the Revenue Divisional Officer, Aruppukottai, Virudhunagar District, directed the petitioner to approach the petitioner's father for an enquiry, on 15.10.2009. In the meanwhile, the second respondent sent a memo, dated 02.10.2009, that even though the Tahsildar, Virudhunagar District, had recommended for grant of the Community Certificate to the petitioners, since the petitioner's father had already been summoned to appear, on 15.10.2009, the Certificate would be issued only after the completion of the said enquiry. Accordingly, the petitioner's father appeared, on 15.10.2009 and produced all the materials to substantiate the claim that they belong to 'Hindu Kattunaickan Community'. 6. Thus, inspite of the recommendation by the Tahsildar, Virudhunagar District, the petitioners state that by proceedings, dated 06.11.2009, the second respondent, based on the enquiry, stated that since, for more than 12 years, the petitioners have been living in Vadiswaram Village, Agathiswarm Taluk, in Kanyakumari District, there is no possibility of issuing Community Certificate from Aruppukottai Division. These petitioners were advised to get a Community Certificate from the place of their residence. Aggrieved by this, the present Writ Petition. 7. Learned counsel for the petitioners placed before us a G.O.Ms.No. 61, dated 04.04.2005, wherein, after addressing the difficulties in issuing Scheduled Caste/Scheduled Tribes Community Certificates to the people migrating from one District to another Districts and States, the Government viewed in the said Government Order, that the competent authority to issue a Scheduled Caste / Scheduled Tribe Certificate would be the one concerned with the locality in which, the person applying for the certificate has his place of permanent abode, at the time of the notification of the relevant Presidential Order. Thus, the Revenue Authority of one District would not be competent to issue such a Certificate in respect of persons belonging to another District. In case of persons born, after the date of notification of the relevant Presidential Order, the place of residence, for the purpose of acquiring Scheduled Castes/ Scheduled Tribes status in the place of permanent abode, of their parents, at the time of notification of the Presidential Order, under which they claim to belong to such caste/Tribe would be the relevant criteria. In the background of this Government Order, the impugned order of the second respondent suffers from serious illegality. 8. In the background of this Government Order, the impugned order of the second respondent suffers from serious illegality. 8. Learned Additional Government Pleader appearing for the respondents placed before this Court, the report of the Tahsildar, Virudhunagar District, that the enquiry made by him revealed that the petitioners belong to the 'Hindu Kattunaickan Community' and based on the enquiry, the petitioner's father was issued with a permanent 'Community Certificate, and that the petitioners belong to 'Hindu Kattunaickan Community'. In the face of the said report, dated 23.06.2008, signed on 06.07.2009, a direction may be issued to the second respondent to issue a 'Community Certificate' to the petitioners that they belong to the 'Hindu Kattunaickan Community'. 9. Recording the said submissions and after perusing the files, we have no hesitation to direct the second respondent herein to grant the 'Community Certificate' to the petitioners that they belong to the 'Hindu Kattunaickan Community', within a period of four weeks from today. In the result, the Writ Petition is disposed of. No costs.