M SELVARAJAN Vs. DISTRICT COLLECTOR AND ANOTHER

JUDGEMENT

(1.) Aggrieved by the order of the second respondent dated 16.05.2002 rejecting the claim of the petitioner that he belongs to Hindu Malai Kuravan, the petitioner has preferred the above writ petition.

(2.) On direction, learned Government Advocate takes notice for the respondents.

(3.) The facts leading to the filing of the above writ petition are briefly stated hereunder: According to the petitioner, he belongs to Hindu Malaikuravan community which is included in the list of Scheduled Tribes. He applied for community certificate before the second respondent by submitting an application dated 20.08.1992. Along with that application, he produced number of documents to prove that he belongs to Malaikuravan community. The second respondent conducted an enquiry and ultimately directed him to approach the Revenue Divisional Officer, Sivagangai. Thereafter, the petitioner filed the petition before the Revenue Divisional Officer, Sivagangai to issue community certitificate. After enquiry, again he was asked to approach the authority at Dindigul to get community certificate. In such circumstance, the petitioner filed W.P.No.14944 of 1994 before this Court to issue a writ of Mandamus to issue community certificate to him indicating that he belongs to Malaikuravan community. By an order dated 22.09.1995, after hearing learned counsel for the petitioner as well as the respondents, this Court passed an order directing the petitioner to place all documents before the second respondent and issue further direction to the second respondent to consider all the materials and pass appropriate orders within six weeks from the date of presentation of such documents. By order dated 30.11.1995, the second respondent arrived at the conclusion that the petitioner belongs to Kuravan community and not 'Malaikuravan' and the same comes under new Adi-Dravida list. Hence he was directed to approach the Tahsildar to get community certificate. Against the said order, he filed W.P.No.6810 of 1996 before this Court. Ultimately the matter came up before D.Murugesan,J., and by an order dated 7.2.2002, after holding that the reason given by the second respondent is totally unsustainable, set aside the order and remanded back to the second respondent. Pursuant to the said order, the petitioner appeared before the second respondent and produced documents as directed by this Court. The second respondent ignoring the observation and findings of this Court, passed the impugned order dated 16.5.2002 holding that the petitioner does not belong to Hindu Malaikuravan community. Hence, the present writ petition.