Allowed

M. Sasi, v. the District Collector

Madras HC21 Jan 2013WP(MD)/13913/2011

Case brief

AI extract

What is this about?

This judicial review disposed of a writ petition challenging the refusal to issue Community Certificates for the petitioner's children. The Madras High Court, relying on precedent, quashed the rejection order and directed the Tahsildar to issue the certificates based on the petitioner's valid existing certificate.

What did the court decide?

Writ of certiorari to quash the impugned order and a direction to issue Community Certificates to the petitioner's children within five weeks.

M. Sasi, Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED 21.01.2013

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CORAM

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THE HONOURABLE MR. JUSTICE K.N.BASHA AND

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THE HONOURABLE MR. JUSTICE P.DEVADASS

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WP.[MD]. No.13913/2011 & MP [MD] No.1/2011

M.Sasi

..Petitioner

Versus

1.The District Collector Kanyakumari District, Nagercoil.

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2.The Tahsildar Kalkulam Taluk, Kanyakumari District. ..Respondents

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Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records of the 2nd respondent in A2/Sathichandru/10 dated 15.07.2010 and quash the same as devoid of merits and consequently directing the respondents to issue the Community Certificate to the petitioner's son Minor Surya and daughter Minor Abirami as Hindu Sambavar based on the documents submitted by the petitioner within the stipulated period prescribed by this Court.

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ORDER

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[Order of the Court was made by K.N.BASHA, J & P.DEVADASS, J.]

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The challenge in this writ petition is to the order of the 2nd respondent dated 15.07.2010 dismissing the petition filed by the petitioner seeking for the issuance of the Community Certificates in respect of his children with a prayer to quash the same and to direct the respondents to issue Commuity Certificates to the petitioner's son and daughter within a stipulated time.

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2.By mutual consent, the main writ petition itself is taken up for final hearing and disposal.

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3.The foremost contention of Mr.Ananth C.Rajesh, learned counsel for the petitioner, is to the effect that the petitioner is possessing a valid community certificate issued by the competent authority to the effect that he belongs to "Hindu Sambavar" Community, which comes under the category of Scheduled Caste and as such, he is entitled to seek issuance of community certificates in respect of his children. The 2nd contention of the learned counsel for the petitioner is to the effect that the rejection order, refusing to issue community certificates to the https://hcservices.ecourts.gov.in/hcservices/ children of the petitioner, namely the impugned order, was passed by the 2nd respondent on the ground that the name of the petitioner and his

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family members are mentioned in the Register maintained by the Church of Thumbavilai Salvation Army.

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4.Heard Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, on the submissions made by the learned counsel for the petitioner.

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5.We have carefully considered the submissions made on either side and perused the materials available on record.

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6.The fact remains that the second respondent has already issued a community certificate on 23.06.1981 to the effect that the petitioner belongs to 'Hindu Sambavar' Community. As a matter of fact, the petitioner is having a valid community certificate issued by a competent authority, namely the 2nd respondent herein. Such being the position, there is no justification to reject the request of the petitioner to issue community certificates in favour of the petitioner's children to the effect that they belong to 'Hindu Sambavar' Community which comes under the category of Scheduled Caste.

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7.At this juncture, it is relevant to refer to the decision of a Division Bench of this Court, reported in 2010 Writ L.R.1123 - T.V.Dharmalingam vs. The Head of Department (Sp.Exams.) & Others, wherein the Division Bench has held as follows:

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"12.....When the petitioner himself was issued with a Community Certificate stating that he belongs to Hindu Kurumans community, a Scheduled Tribe, without cancelling the same, in a manner known to law, the entry in the Service Register regarding the Community of the petitioner cannot be doubted.

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17.In the facts and circumstances of the case, following the ratio of the decision of the earlier Division Bench of this Court, we are inclined to give a positive direction to the fourth respondent to issue Community Certificate to the children of the petitioner as belong to "Hindu Kurumans" community."

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8.In view of the principle laid down by the Division Bench of this Court, we are of the considered view that the above principle is squarely applicable to the facts of the case in hand. Admittedly, the petitioner is possessing a valid community certificate issued by the competent authority, namely the Tahsildar, and as such he is entitled to seek the relief of issue of community certificate in respect of his children also, by mentioning that they belong to Hindu Sambavar Community, which comes under Scheduled Caste Category.

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9.In view of the aforesaid reasons, we are constrained to set aside the impugned order, dated 15.07.2010, passed by the 2nd respondent and consequently, direct the 2nd respondent, namely the Tahsildar, Kalkulam Taluk, Kanyakumari District, to issue community certificate to the children of the petitioner, in the light of the community certificate possessed by the petitioner and also in the light of the decision of the Division Bench of this Court, referred to supra, within a period of five https://hcservices.ecourts.gov.in/hcservices/ weeks from the date of receipt of a copy of this order.

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10.The writ petition is ordered accordingly. No costs. Connected M.P.(MD)No.1 of 2012 is closed.

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Sd/Deputy Registrar(W) /True Copy/ Assistant Registrar To 1.The District Collector Kanyakumari District, Nagercoil. 2.The Tahsildar, Kalkulam Taluk, Kanyakumari District. +1C.C. to the Special Government Pleader in Sr.No.2620 WP[MD]No.13913/2011 21.01.2013 gg PBK 05/03/2013 ::3P-4C::

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https://hcservices.ecourts.gov.in/hcservices/

M. Sasi, v. the District Collector

Case brief

What is this about?

What did the court decide?

M. Sasi, v. the District Collector

Case brief

What is this about?

What did the court decide?

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