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K. Gandhi Vs. The District Collector, Thoothukudi District and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P(MD)No. 19120 of 2016
Judge
AppellantK. Gandhi
RespondentThe District Collector, Thoothukudi District and Others
Excerpt:
.....the writ petition itself is taken up for disposal. 2. the petitioner claims that he belongs to hindu kattunayakkan community (scheduled tribe) and according to him, his community people used to predict the fortune of others through palmistry and it is their main profession and they were originally nomads and gradually, they become semi-nomads and now, they are settling and having a permanent abode of their own. 3. it is also stated by the petitioner that he is residing at kottarakurichi village for more than 40 years and he is also a graduate and he has been issued with hindu kattunayakkan community (scheduled tribe) certificate on 14.06.1990, vide certificate no.644890. the petitioner while applying for job, was directed to get the community certificate and accordingly, he got.....
Judgment:

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to issue Hindu Kattunayakkan Community Certificate to the petitioner's hildren, namely, (1) G.Vignesh and (2) G.Sneha, based on his application dated 13.10.2015, within the time frame fixed by this Court.)

M. Sathyanarayanan, J.

1. By consent, the writ petition itself is taken up for disposal.

2. The petitioner claims that he belongs to Hindu Kattunayakkan Community (Scheduled Tribe) and according to him, his community people used to predict the fortune of others through palmistry and it is their main profession and they were originally nomads and gradually, they become semi-nomads and now, they are settling and having a permanent abode of their own.

3. It is also stated by the petitioner that he is residing at Kottarakurichi village for more than 40 years and he is also a graduate and he has been issued with Hindu Kattunayakkan Community (Scheduled Tribe) Certificate on 14.06.1990, vide Certificate No.644890. The petitioner while applying for job, was directed to get the Community Certificate and accordingly, he got issued with one more Hindu Kattunayakkan Community (Scheduled Tribe) Certificate on 22.02.1992, vide Certificate No.2639022.

4. According to the petitioner, out of wedlock, three children were born and his first son, by name, G.Dinesh Kumar was issued with a Hindu Kattunayakkan Community (Scheduled Tribe) Certificate on 10.09.2015, vide Certificate No.52474. The petitioner has submitted an application dated 13.10.2015 to the second respondent praying for issuance of Hindu Kattunayakkan Community (Scheduled Tribe) Certificate for his second son, by name, G.Vignesh and third daughter, by name, G.Sneha, by enclosing the Community Certificates of himself as well as his first son and despite the receipt and acknowledgment, no progress is taking place and hence, he came forward to file this writ petition.

5. The learned Counsel for the petitioner would submit that in the light of the overwhelming documents, there cannot be any impediment for the second respondent to issue a Hindu Kattunayakkan Community (Scheduled Tribe) Certificates to his second son and third daughter and prays for appropriate orders.

6. Per contra, Mr.VR.Shanmuganathan, learned Special Government Pleader, who accepts notice on behalf of the respondents, on instructions, would submit that the application submitted by the petitioner for issuance of Community Certificates for his second son and third daughter, has been scrutinised and it came to their knowledge that the petitioner actually did not belong to Hindu Kattunayakkan Community (Scheduled Tribe) and therefore, proceedings are being taken to cancel the Community Certificates issued to the petitioner as well as to his first son and prays for the dismissal of this writ petition.

7. This Court has considered the rivals submissions and perused the materials available on record.

8. It is a well settled position of law that unless the Community Certificates granted to the petitioner and to one of his sons, are cancelled, they cannot deny such a relief to the other two wards of the petitioner.

9. It is also the specific case of the petitioner that his second son, though completed his Higher Secondary Course, could not join the Counselling for higher studies for want of Community Certificate and his daughter who is also studying IX Standard is in urgent need of the Community Certificate.

10. In the light of the facts and circumstances of the case, this Court directs the second respondent to issue a Hindu Kattunayakkan Community (Scheduled Tribe) Certificate in respect of the petitioner's second son, by name, G.Vignesh and third daughter, by name, G.Sneha, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that the second respondent is always at liberty to cancel the Community Certificates issued to the petitioner as well as to his first son, by name, G.Dinesh Kumar, strictly in accordance with law.

11. Accordingly, this writ petition is ordered as above. No costs.


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