G. Palani v. District Collector, Cuddalore District
2014-06-19
M.JAICHANDREN, M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : M. Venugopal, J. 1. The Petitioner has preferred the instant Writ of Certiorarified Mandamus in calling for the entire records pertaining to the order in Na.Ka.A6/6711/2012 dated ..06.2012 [signed on 26.06.2012 and served on 21.08.2012] of the 2nd Respondent and to quash the same. Further, he has sought for passing of an order by this Court in directing the 2nd Respondent to issue Community Certificate to his son Periyasamy, as belonging to “Hindu-Domban Scheduled Caste” community within the time frame that may be fixed by this Court. 2. According to the Learned Counsel for the Petitioner, the Petitioner belong to Domban Community which is listed in Serial No.19 in the list of Scheduled Caste in Tamil Nadu. 3. The Learned Counsel for the Petitioner submits that the Petitioner got married to his relative one Kanagarani, D/o.Kaliyaperumal on 23.01.1997. The Petitioner has two children viz., Periyasamy, now studying in X Standard in Fathima Matriculation Higher Secondary School, Virudhachalam and Kalpana, now studying in IX Standardin Government Girls Higher Secondary School, Pennadam and while admitting them in School, their community was entered as 'Hindu-Domban'. 4. It is the contention of the Learned Counsel for the Petitioner that during last year, the School Authorities of Petitioner's son required the Petitioner to submit community certificate of his son on 02.05.2012 and he duly applied for the same with the 2nd Respondent. Later, the Revenue Inspector of Pennadam Firka conducted an enquiry and the Petitioner was informed that a recommendation was made for issuance of his Community Certificate to his son as Hindu-Domban. 5. The Learned Counsel for the Petitioner submits that the Petitioner was shock to receive a memo of the 2nd Respondent in Na.Ka.No.A6/6711/2012 signed on 26.06.2012 informing him that an enquiry was conducted on his petition praying for issuance of Community Certificate and in Petitioner's Educational Certificate, it was mentioned as other Hindu-Oddachetty and as such, Hindu-Domban SC community certificate could not be issued. 6. The Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner made a detailed representation dated 23.09.2013 to the 2nd Respondent and requested him to issue a community certificate indicating his original community as Hindu-Domban. But the 2nd Respondent is yet to take any action on the same.
6. The Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner made a detailed representation dated 23.09.2013 to the 2nd Respondent and requested him to issue a community certificate indicating his original community as Hindu-Domban. But the 2nd Respondent is yet to take any action on the same. The main plea of the Petitioner is that he learnt that his community was wrongly mentioned in school transfer certificate as 'Hindu-Oddachetty' instead of Hindu-Domban and since the transfer certificate was received by his father, who was an illiterate and also he was too young to understand its implications, he had not done in the matter in issue. Also that, as per advice of Advocate, he submitted a petition to Thittakkudi Taluk Legal Services Committee and the same is pending without any progress. 7. The Learned Counsel for the Petitioner projects an argument that the 2nd Respondent passed the impugned order dated 26.06.2012 in an arbitrary, illegal and in violation of the principles of natural justice and as such, the Petitioner has been perforced to file the present Writ Petition. 8. At this stage, it is to be pertinently pointed out that this Court, on 05.06.2014, passed the following order: “List the matter, on 19.06.2014. In the meantime, the petitioner is permitted to submit a fresh representation to the 2nd respondent along with the relevant records, requesting to issue a community certificate to his son, Periyasamy, stating that he belongs to 'Hindu-Domban' (Scheduled Caste) Community.” 9. The Petitioner brings it to the notice of this Court that the Petitioner submitted a petition on 10.06.2014 to the Tahsildar of Thittakkudi praying for issuance of certificate to his son Periyasamy by enclosing necessary documents. 10. As far as the present case is concerned, on going through the impugned order, dated .. 06.2012, passed by the 2nd Respondent, this Court is of the considered view that the 2nd Respondent had not conducted any enquiry, to differ with the recommendation made by the Revenue Inspector of Pennadam Firka, who had recommended issuance of community certificate to the petitioner's son. However, the 2nd Respondent, in the impugned order, dated 06.2012, had merely mentioned that in Petitioner's educational certificate, it was mentioned as other 'Hindu-Ottachetty' and consequently, opined that the Petitioner could not be issued with 'Hindu-Domban (Scheduled Caste)' community certificate. 11.
However, the 2nd Respondent, in the impugned order, dated 06.2012, had merely mentioned that in Petitioner's educational certificate, it was mentioned as other 'Hindu-Ottachetty' and consequently, opined that the Petitioner could not be issued with 'Hindu-Domban (Scheduled Caste)' community certificate. 11. Inasmuch as the 2nd Respondent had passed the impugned order, dated 06.2012, rejecting the Petitioner's Application praying for issuance of community certificate to his son, in negation of the principles of natural justice, viz., by not providing an opportunity of hearing, then, this Court comes to an irresistible conclusion that the impugned order suffers from infirmities in the eye of law. As such, this Court, to prevent an aberration of justice, interferes with the said order dated 06.2012, passed by the 2nd Respondent and sets aside the same. Resultantly, the Writ Petition succeeds. 12. In the result, the Writ Petition is allowed. No costs. The order passed by the 2nd Respondent, dated 06.2012, [signed on 20.06.2012 and served 21.08.2012] is hereby set aside by this Court, for the reasons assigned in this Writ Petition. The 2nd Respondent is directed to consider the Application of the Petitioner dated 10.06.2012 afresh, by affording necessary opportunities to the Petitioner and to pass a just, fair and reasoned order on merits in a dispassionate manner, within a period of eight weeks from the date of receipt of copy of this order.