R S BALACHANDAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has sought for issuance of a writ of mandamus directing the third respon- dent to issue a fresh Community Certificate to him certifying that he belongs to Hindu Chakkiliyan community.

(2.) The facts are not in dispute. The petitioner is the son of N. Rajasekaran and R. Shanthi and both of them are doctors. The petitioner's father Rajasekaran belongs to Hindu Chakkiliyan community and mother Shanthi belongs Thuluva Naicker community and it was an inter-caste marriage and the petitioner was born to them on 3.8.1991. The petitioner's father Rajasekaran gave application, dated 14.7.2006, seeking for issuance of Community Certificate to his son R.S. Balachandar, as belonging to Hindu Thuluva Naicker community. Based on the above application, Head Quarters Deputy Tahsildar, issued Community Certificate dated 25.5.2007, certifying that the petitioner belongs to Hindu Thuluva Naicker community.

(3.) The case of the petitioner is that he was born and brought up as a member of Hindu Chakkiliyan community and his family has been taking part in all the community festivals and other social observances as member of the said Community and Hindu Chakkiliyan community had fully accepted him as one of its members and by mistake his Community Certificate was wrongly issued and the declaration said to have been given, as per G.O. Ms. No. 477, Social Welfare Department, dated 27.6.1975, is not valid in law since the above Government Order has been partly modified in G.O.(2D): 17, Adi Dravidar and Tribal Welfare (ADW.II) Department, dated 16.8.1994, providing for issuance of Scheduled Caste/Scheduled Tribe Community Certificate after verification of the acceptance given by the members of Scheduled Caste/Scheduled Tribe community living in that area and the petitioner is ready to submit himself for enquiry and he gave representation dated 9.9.2009 to the third respondent seeking for issuance of a Community Certificate that he belongs to Hindu Chakkiliyan community, and that was not considered and hence, he has filed the writ petition.