M VARADHAN Vs. DISTRICT COLLECTOR KARUR

JUDGEMENT

(1.) THE petitioner is an unfortunate to approach this Court for settling the dispute as to his community certificate right from the year 1984. As we are convinced with the petition and to issue a positive direction, we refer the following facts in detail.

(2.) THE request of the petitioner for issuance of a community certificate, viz., Urali scheduled tribe community certificate, was rejected by the Tahsildar, Kulithalai Taluk, in his order dated 17.04.1984 on the ground that Urali community was not included in the presidential notification as one of the scheduled tribe communities in the State of Tamil Nadu. That application was made as early as in the year 1984. THEreafter, a representation was made by the petitioner to the District Collector, Trichy, questioning the order of the Tahsildar. Though an enquiry was conducted, no orders were passed. THErefore, the petitioner was compelled to file W.P.No.4070 of 1986 for a direction to the respondents to issue a community certificate to the petitioner on the basis of the presidential order. That writ petition was allowed by order dated 08.08.1996. For better appreciation of the grievance, the relevant portion of the order reads as under:-

(3.) WE need not elaborately discuss the grievance of the petitioner, as the earlier Division Bench in its order dated 08.08.1996 has considered the entire scope of the grievance and found Urali community being one of the scheduled tribe communities included in the presidential notification and for that reason, the petitioner is entitled to such a certificate. In view of the earlier order of the Division Bench, the impugned order which runs contra to the directions of the Division Bench, is liable to be set aside. Accordingly, the same is set aside.