C MAGARAJAN Vs. DISTRICT COLLECTOR VELLORE DISTRICT

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Mandamus, directing the Second Respondent to accept the Community Certificate issued to the Petitioner by the Tahsildar, dated 19.5.1977, which had already been produced before him for the purpose of consideration of the Petitioner to the nomination and thereby, permit the Petitioner to contest the election to the posts of Member of Tirupattur Panchayat Union, Ward No. II to be held on 19.10.2011.

(2.) The Petitioner is issued with a Community Certificate, categorising him as Hindu Kurumans Community, which is recognised as Scheduled Tribe Community, as per the Notification issued by the President of India. The Petitioner has filed his nomination to contest in the election for Ward Member No. II of Tirupattur Panchayat Union. The apprehension of the Petitioner is that the said nomination may be rejected on the ground that he has not produced the Community Certificate issued by the Revenue Divisional Officer.

(3.) The issue as to whether the Community Certificate issued by the Tahsildar, prior to 11.11.1989, was considered by the Supreme Court in a decision in R. Kandasamy v. The Chief Engineer, Madras Port Trust, 1997 7 JT 660. Pursuant to the said judgment, this Court in W.P. No. 3160 of 2007, dated 5.2.2007, has issued a direction to accept the Community Certificate issued by the Tahsildar for contesting the election. Following the above said judgments, this Court in W.P. Nos. 22225 & 22497 of 2007, dated 28.9.2011, has ordered similar reliefs.