K.NAVAMANI Vs. DISTRICT COLLECTOR, COLLECTORATE

JUDGEMENT

(1.) The instant Writ Petition has been filed challenging the order of the first respondent confirming the order of the second respondent rejecting the request of the petitioners to grant community certificate to the second and third petitioners and also directing initiation of fresh proceedings to cancel the community certificate issued to the first petitioner.

(2.) Heard Mr.Manoharan, learned counsel for the petitioners and Mr.Vadivelu Deenadayalan, learned Additional Government Pleader appearing for the respondents.

(3.) The case of the petitioners is that their family had migrated to Erode from Manjinaickenpatti Village, Theni District. On 10/5/1983, the Tahsildar had granted a temporary certificate to the first petitioner and when he had made an application for grant of a permanent community certificate, he was asked to approach the Authorities in Theni District. Hence, the first petitioner had instituted a suit in O.S.No.1046 of 1994 on the file of the First Additional District Munsif Court, Erode, seeking for a declaration that he belong to Hindu Kattunayakan community and also for a mandatory injunction for issuance of a permanent community certificate. On 30/8/1996, the said suit was decreed as prayed for. The Appeal Suit in A.S.No.58 of 1997 was filed by the defendants, came to be dismissed on 18/2/1997 by a Judgment and Decree passed by the Additional Sub Court, Erode. As against the same, a Second Appeal was preferred in S.A.No.1101 of 1998 which also came to be dismissed by this Court on 12/7/2000 and the same has also been reported in 2000 (3) CTC 273.