P. MAHESWARI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Heard Mr.R.Gandhi, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader for respondents 1 to 5 and Mr.R.Karunanidhi, learned counsel for the sixth respondent.

(2.) The writ petition has been filed to quash the impugned order passed by the fifth respondent in Na.Ka.No.1233/2021/Adi5, dtd. 9/4/2021 to forbear the respondents from in any manner interfering with the petitioner's right to function as Village Panchayat President of G.Kallupatti Village Panchayat under the fifth respondent herein.

(3.) Brief facts which are necessary for the disposal of the writ petition are as follows: The petitioner states that she belongs to Hindu Kuravan Community which comes under Schedule Caste community. Though it is admitted that the petitioner's application to get her community status as she belongs to Hindu Kuravan Community was earlier dismissed, it is stated that the petitioner's father, husband and her son, were given community certificate as they belong to Hindu Kuravan Community. It was thereafter, the petitioner submitted an application before the Tahsildar and she was given community certificate. Later, on the basis of a representation submitted by a person, who has contested the election as a rival candidate, who is the sixth respondent herein, the fourth respondent issued a show-cause notice, dtd. 8/2/2021, stating that an enquiry is contemplated regarding the community status of the petitioner. The respondents 4 and 5, appeared to have formed an opinion that the petitioner belongs to Hindu Uppiliyar community, which comes under the Backward Class and does not belong to Hindu Kuravan Community. It was thereafter, the impugned order came to be passed by the District Collector. From the impugned order passed by the fifth respondent, it is seen that a decision was taken by the District Collector based on the report of the Anthropologist, dtd. 10/3/2021 and the enquiry report of the Sub-Collector.