P.THANGAVEL Vs. PERSONAL ASSISTANT

JUDGEMENT

(1.) THE petitioner has filed the above writ petition for a writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the second respondent dated 20.09.2011 and to quash the same and consequently to direct the second respondent to issue community certificate certifying that his sons namely T.Vinithkumar and T.Jegadhisa belong to Kattunayakan Community classified as Schedule Tribe.

(2.) THE case of the petitioner was that he belongs to Kattunayakan Community classified as Schedule Tribe in the Schedule Tribe Presidential Order. The petitioner is married to one V.Pushpalatha, who is employed as an officer in the Canara Bank. The petitioner and his wife belong to Kattunayakan Community. The petitioner has been issued with community certificate dated 08.07.1976 by the Head Quarters Deputy Tahsildar, Kulithalai, that he belongs to Kattunayakan Community. The Community Certificate issued by the Head Quarters Deputy Tahsildar, Kulithalai has not been cancelled till date and it is in force till date.

(3.) ON 19.04.2009, the petitioner's wife made an application to the second respondent for issue of a permanent community certificate for herself and for her sons namely T.Vinithkumar and T.Jegadhisa. In pursuance thereof, the second respondent directed the Tahsildhar, Egmore, Chennai to hold an enquiry and to submit a report to the same. The Tahsildhar, conducted an enquiry and submitted a report on 19.11.2009 concluding that the petitioner's wife belongs to Kattunayakan Community and recommended for community certificate to the petitioner's wife and her children. However, despite the said recommendation and report of the Tahsildar, no certificate was issued to them. Therefore, the petitioner's wife filed a writ petition before the Principal Seat of this Court in W.P.No.1709 of 2011 seeking for a Writ of Mandamus to direct the first respondent herein to issue community certificate to her and her sons in the light of the proceedings of the State Level Scrutiny Committee, dated 14.09.2009.