T KANNAMMAL Vs. CHAIRMAN STATE

JUDGEMENT

(1.) The petitioner seeks writ of certiorari to quash the impugned order of the respondent dated 28.9.2011, whereby the respondent herein has rejected the prayer of the petitioner for issuing community certificate that she belongs to 'Kondareddis' community. It is seen from the narration of the facts that as early as 1993, the Collector, Coimbatore has cancelled the community certificate of the petitioner. Challenging the same, the petitioner filed the writ petition in W.P. No. 6853 of 1993, wherein this Court directed the petitioner to submit an appeal to the State Level Scrutiny Committee. In the year 2009, the State Level Scrutiny Committee called upon the petitioner to appear for verification afresh. Ultimately on 30.7.2009, the State Level Scrutiny Committee passed an order cancelling the community certificate. Once again the petitioner approached this Court in W.P. No. 12548 of 2010, whereby, this Court by order dated 6.7.2010 pointed out that although the petitioner had sought for adjournment, the petitioner was not informed about the rejection of the said prayer. This Court, further pointed out that the petitioner had not been favoured with the report of the Revenue Divisional Officer before the same was relied upon by the committee. In the circumstances, while setting aside the order, the State Level Scrutiny Committee was directed to furnish the copy of the report of the Revenue Divisional Officer, so as to enable the petitioner to defend her case. Thus, the order of the State Level Committee was set aside.

(2.) Admittedly, the petitioner was favoured with the copy of the Revenue Divisional Officer dated 7.6.2008 and had the benefit of hearing before the respondent. In support of her claim, the petitioner submitted copy of the secondary school leaving certificate as well as affidavits obtained from various residents of Pasur Village. The petitioner contended that Pasur, being a reserved constituency, it is clear as a native of the said village, the petitioner was entitled to have the community certificate being issued that the petitioner belonged to 'kondareddis' community. The respondent, however, rejected the plea of the petitioner by stating that except for producing affidavits and deposition from the public of the native of Village Pasur, the petitioner had not produced any certificate or materials in support of the claim that she belonged to 'kondareddis' community. The State Level Scrutiny Committee examined the documents produced by the individual, report of the Revenue Divisional Officer, Tirupur and views of the Anthropologist at the time of enquiry. Further, at the time of enquiry, the Anthropologist report did not favour the petitioner. Aggrieved by the same, the petitioner has come before this Court by way of writ petition.

(3.) Learned counsel appearing for the petitioner stressed the fact that being a native of Pasur Village, it being a reserved constituency, the respondent committed a serious error in ignoring the petitioner's claim for issuing the community certificate, when the petitioner belonged to 'kondareddis' community. Thus, apart from that, the petitioner submitted that affidavits filed before the respondent evidence that the petitioner belonged to 'kondareddis' community.