R ARUNKUMAR Vs. TAHSILDAR POLUR TIRUVANNAMALAI DT

JUDGEMENT

(1.) THE prayer in this writ petition is for the issuance of a Community Certificate. THE petitioner's father belongs to the Adi Dravida community and his mother belongs to Christianity. THE date of birth of the petitioner is 31.5.1992, as reflected from his school records. While he was a minor, the petitioner filed an application on 27.6.2009 before the authority concerned for issuance of a community certificate to the effect that he belongs to Adi Dravida Christian Community and such a certificate was also issued by the authority concerned. However, when such application was made, no declaration was given by his parents as to which religion the petitioner professes. Later on, after coming to know that his father professes Hinduism and his mother, though belonging to Christianity, also professes Hinduism, the petitioner made another application to the respondent on 2.12.2009 for grant of community certificate, which was rejected solely on the ground that the petitioner was earlier issued with a community certificate certifying him to be a Adi Dravida converted Christian, which is a Backward Class. THE said order is put in issue in this writ petition on the ground that the core question relating to the religion which the petitioner actually practiced and professed by adopting Hinduism through his father has not been considered.

(2.) WE have heard Mr. S. Doraisamy, learned counsel appearing for the petitioner and Mr. M. Dhandapani, learned Special Government Pleader appearing for the respondent.

(3.) BY the aforesaid Government Order, a child born out of an inter-caste marriage shall be considered to belong to the community of the father or that of the mother and the request for issuance of a community certificate in respect of such a child shall be considered in the light of the above. However, such consideration can also be on the basis of a declaration of the parents regarding the way of life in which their children are brought up.