ERA C MURALI Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) THE appellant is aggrieved against the order of the learned Single Judge dated 8. 9. 1999 made in W. P. No. 2616 of 1992, in and by which, the cancellation of Community Certificate of the appellant made by the third respondent in his order dated 26. 1. 1992 came to be confirmed.

(2.) ASSAILING the order of the learned Single Judge, dated 8. 9. 1999, Mrs. V. J. Latha, learned counsel appearing for the appellant, would contend that there are different Division Bench Judgments holding that when the Collector of the concerned District, while cancelling the Community Certificate of a person, relied upon a report of his subordinate, namely, Revenue Divisional Officer in any discreet enquiry held by the said officer, such report ought to have been furnished to the concerned person before proceeding to cancel the Community Certificate issued in his favour. In fact, in the Division Bench Judgment reported in 2000 Wr. L. R. 148 (A. SELVARAJ v. STATE OF TAMIL NADU, THROUGH ITS SECRETARY, ADI DRAVIDAR WELFARE DEPARTMENT, FORT ST. GEORGE, MADRAS-9 AND OTHERS), to which one of us (Justice P. D. Dinakaran) was a party, it has been held as under in para 2:

(3.) AGAIN in the judgment reported in 1999 (2) MLJ 147 (G. MUTHULAKSHMI v. THE COLLECTOR, MADURAI DISTRICT AND OTHERS), rendered by one of us, (Justice P. D. Dinakaran) after considering all the earlier Division Bench Judgments, wherein a consistent view to the very same effect has been taken while setting aside the order of the Collector has reiterated the same view. The earlier Division Bench Judgments, are reported in "1991 (1) Wr. L. R. 68 (D. SELVARAJU v. BHARAT HEAVY ELECTRICALS LTD. , AND ANOTHER), 1996 Wr. L. R. 482 (D. ILLAMARAN v. GOVERNMENT OF INDIA, REP. BY CHIEF ENGINEER, AIR, SOUTHERN ZONE, MADRAS), 1996 Wr. L. R. 484 (R. K. SEKAR v. THE DISTRICT COLLECTOR, CHENGAI-MGR DISTRICT) and in W. A. No. 241 of 1996 (V. KANNAGI v. RESERVE BANK OF INDIA AND ANOTHER ).