Kannan v. District Collector Salem District, Salem
2017-07-24
M.VENUGOPAL, P.D.AUDIKESAVALU
body2017
DigiLaw.ai
ORDER : P.D.AUDIKESAVALU, J. Heard both sides. 2. The Petitioner has preferred this Writ Petition as against the order dated 20.12.2016 issued by the 3rd Respondent/Tahsildar, Gangavalli Taluk, Salem District rejecting the request of the Petitioner to issue MBC Community Certificate for his son P.K.Surya as 'Hindu Ambalakarar'. 3. According to the Petitioner, he had made an application to the 3rd Respondent/Tahsildar on 17.03.2016 for issuance of MBC Community Certificate belonging to 'Hindu Ambalakarar' Caste for his son P.K.Surya, but no order was passed on the same. Hence, he had approached the State Legal Services Authority attached to the Subordinate Court, Attur, who had directed the Petitioner to approach the Tahsildar, Gangavalli Taluk, Salem District. In turn, the Tahsildar, Gangavalli Taluk, Salem District had rejected the request of the Petitioner for issuance of MBC Community Certificate for his son on the ground that they belong to Hindu Muthuraja Caste which is a Backward Class and for securing the Government concession, they had submitted the requisition as though they were belonging to 'Ambalakarar Caste', which is a Most Backward Class. 4. On a reading of the impugned order, this Court finds that the 3rd Respondent/Tahsildar, Gangavalli Taluk, Salem District has not referred to any material placed on record to arrive at the factual finding that the Petitioner and his son belonging to Hindu Muthuraja Community. In that view of the matter, the impugned order cannot be sustained and resultantly, the impugned order is quashed. 5. Since the competent authority for issuing MBC Certificates is the Zonal Deputy Tahsildar as per G.O.(Ms)No.235, Revenue [RA3(2)] Department, dated 26.06.2015, the Petitioner is at liberty to apply afresh before the Zonal Deputy Tahsildar, Gangavalli Taluk, Salem District for issuance of the MBC Community Certificate. The Zonal Deputy Tahsildar, Gangavalli Taluk, Salem District, on receiving such application from the Petitioner, shall consider the same on merits and in accordance with Law and shall pass orders after giving full opportunity to the Petitioner to establish his claim within a period of six weeks from the date of receipt of such application and shall send a Compliance Report to the Registrar (Judicial) of this Court within two weeks thereafter. 6. The Writ Petition is disposed of with the aforesaid directions. No costs. Consequently, connected Miscellaneous Petition is closed.