M. ESAKIRAJ Vs. DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI

JUDGEMENT

(1.) THIS Writ Petition is filed to quash the Order dated 19.4.2011, rejecting the request of the Petitioner seeking Community Certificate as "Hindu Kattunayakkan".

(2.) THE case of the Petitioner before the Zonal Divisional Officer was that he belongs to Kattunayakkan Community, which is a Scheduled Tribe Community. The Petitioner's father's name is Mahalingam. The Petitioner passed B.A. Degree in St. Xavier's College, Palayamkottai, Tirunelveli District. He was issued with a Transfer Certificate, in which his Community was mentioned as 'Hindu Kattunayakkan'. The Petitioner's brothers, namely, Poomarimuthu and Arumugakani, were also issued with Hindu Kattunayakkan Community Certificate by the Second Respondent with Serial Nos.4/2002 and 5/2002. The Second Respondent also issued Hindu Kattunayakkan Community Certificate to the Petitioner's uncle's son Rajendran, son of Sarvaran. The said Sarvaran is the brother of Petitioner's mother Karuvammal. The said Certificate was issued in the year 1997. The Government also issued free House Site Pattas to the Kattunayakkan Scheduled Tribe, who are residing at Rayagiri Village in the year 1998 and the Petitioner's mother was also given 2 cents of House Site by the Government of Tamil Nadu, recognising her as a Scheduled Tribe Community person.

(3.) THE Petitioner sent a representation to the Second Respondent to issue Hindu Kattunayakkan Community Certificate on 29.11.2010 stating all the said facts, which was rejected by the impugned Order, dated 8.2.2011 stating that the Community Certificate issued to the Petitioner's brothers bearing Nos.4/2002 & 5/2002 cannot be a reason to claim the community status by the Petitioner. Similarly, the allotment of 2 cents of land to the Petitioner's mother cannot be a clear proof of a community status. The only reason stated to reject the request of the Petitioner is that the relatives of the Petitioner are doing some other avocation and therefore, the Petitioner cannot be treated as a Schedule Tribe belonging to Hindu Kattunayakkan Community.