LAWS(MAD)-2011-1-630

M VELAYUDHAM Vs. DISTRICT COLLECTOR AND ORS

Decided On January 20, 2011
M VELAYUDHAM Appellant
V/S
District Collector And Ors Respondents

JUDGEMENT

(1.) This writ petition is filed to issue a writ of Certiorarified Mandamus, to quash the order of the second Respondent dated 28.09.2010 and to direct the second Respondent to issue a permanent scheduled caste community certificate to the Petitioner's minor children V. Manoj and V. Vijay.

(2.) It is the grievance of the Petitioner that originally, the Petitioner was a Christian by birth and his name was Dharmaraj and he belonged to Pallar community. Thereafter, he converted to Hinduism and his name was changed as Velayudham. His conversion was notified in the Tamil Nadu Government Gazette on 23.09.1981. He has applied for a community certificate before the Tahsildar, Rajapalayam. Considering his application, the Tahsildar, Rajapalayam, issued a community certificate to the Petitioner on 23.05.1981 as scheduled caste community. The wife of the Petitioner is also belonging to Hindu Pallar, Scheduled Caste community. The Tahsildar, Srivilliputhur issued a community certificate to the wife of the Petitioner on 27.02.1989 as scheduled caste community. After the marriage, the Petitioner and his wife are residing at South Street, Nakkaneri. When the Petitioner required the community certificate for his minor children V. Manoraj and Vijay, he approached the village officer, Ayyankollan Kundan Village for permanent community certificate, he recommended the same to the Tahsildar, Rajapalayam, the second Respondent herein. But the second Respondent by impugned order dated 28.09.2010 rejected the same stating that the Petitioner is the resident of Kottayampatti Village, Srivilliputhur Taluk and hence he does not know about the religion which the Petitioner was following at present. He also directed the Petitioner to approach the Tahsildar, Srivilliputhur Taluk. Aggrieved over the same, the present writ petition has been filed.

(3.) We have heard the submissions made by the learned Counsel on either side and perused the materials available on record.