A MOHAN DOSS Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The plaintiffs in O.S.No.1010 of 1993 on the file of Additional District Munsif Court, Madurai, have filed the present second appeal, aggrieved against the judgment and decree in A.S.No.186 of 1995 dated 27.07.1999 reversing the judgment and decree of the trial court.

(2.) The case in brief is as follows:- The plaintiffs / appellants filed a suit for declaration that they belong to KATTUNAYAKAN community and direct the defendants to issue a Certificate accordingly. Plaintiffs 1 to 5 are sons and daughter of one Anthony. The 6th plaintiff is the mother. Thiru Anthony was appointed as Havildhar in central Excise Department under the category of Scheduled Tribe. Plaintiffs 1 to 5 have also obtained a certificate from the Tahsildar, Madurai North showing that they belong to KATTUNAYAKAN community and they were also enjoying the benefits pursuant to the certificate. In fact, the 6th plaintiff was also allotted a house under the category of Scheduled Tribe. She also contested the election and elected as a Panchayat Ward Member under the Tribal category. The S.S.L.C.book of Anthony also described him as KATTUNAYAKAN. During 1979, the grandmother of plaintiffs 1 to 5 executed a Settlement Deed in favour of Anthony, wherein also they have been described as they belong to KATTUNAYAKAN community. Based upon these documentary evidence, plaintiffs 1 to 5 approached the defendants for getting a community certificate on 24.08.1992 and 18.01.1993; but unfortunately, the Revenue Divisional Officer without giving importance to these documents, have passed an order dated 18.02.1993 stating that plaintiffs 1 to 5 did not belong to KATTUNAYAKAN community. Thereafter, the plaintiffs issued a legal notice on 28.03.1993 and as there was no reply, they were constrained to file the suit.

(3.) . The respondents / defendants filed a written statement and contended that Anthony belonged to "Kambalathu Naicker" Community and not KATTUNAYAKAN community. By producing false certificate, Anthony joined the service. The Government had issued an order dated 21.02.1989 that "Kudukuduppai" community cannot be added in the list of Scheduled Tribe. As the Tahsildar issued a false certificate, he has been suspended and disciplinary action is also pending. After considering the evidence and making sufficient enquiry, the order was passed by the Revenue Divisional Officer rejecting the request of the plaintiffs and, as such, the suit is liable to be dismissed.