M.OBILLIAPPA Vs. DISTRICT COLLECTOR AND CHAIRPERSON

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a writ of Certiorarified Mandamus, calling for the records of the first respondent vide ROC 36520/2011/13 dated 22.03.2013 and quash the same and further direct the first respondent to refer the Caste Certificate No.6357917 C.No.627/2011 dated Nil 09.2011 issued to the 2nd respondent by the Tahsildar, Hosur, to vigilance cell as per the guidelines issued by the State Government in G.O.(Ms)No.106 dated 15.10.2012 and conduct a De -Novo enquiry within the time frame fixed by this Hon'ble Court after providing sufficient opportunity to the petitioner.

(2.) HEARD Mr.A.D.Jagadish Chandira, learned counsel appearing for the petitioner; Mr.S.P.Prabhakaran, learned Additional Government Pleader, appearing for the first respondent and Ms.P.T.Asha, learned counsel representing M/s.Sarvabhauman Associates, appearing for the second respondent. Though notice was served, none appears on behalf of the third respondent.

(3.) THE District Collector, based on the complaint/representation of the petitioner, called for an enquiry with regard to the genuineness of the community certificate issued to the second respondent. This is also based on a report from the third respondent Election Commission in proceedings e/f.vz;.8366/2012/Cnj/1 dated 10.12.2012. The first respondent, namely, The District Collector and Chairperson, District Level Vigilance Committee after considering the material on record passed the following order: -