R PRIYADARSHINI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioners father belongs to Kattunaicken community which has been notified as Scheduled Tribe. On the strength of the said certificate, the petitioner was issued with a similar certificate certifying her as belonging to Kattunaicken community by the Tahsildar, Madurai South. The said certificate was issued on 28/7/1986 when the petitioner was aged 10 years. Based on the said certificate, the petitioner completed her education. The genuineness of the said certificate was sought to be verified by the District Collector, Madurai who, by an order dated 23/10/2002, cancelled the certificate. On the basis of the order of the District Collector, the petitioner has been prosecuted for the offence under Sections 468, 471 and 420, IPC in Cr.No. 25 of 2004 on the file of respondent.

(2.) Heard the learned counsel for petitioner and the learned Government Advocate (Cr1. Side).

(3.) The petitioner has questioned the registration of the case basically on the ground that the certificate issued by the Tahsildar, Madurai South dated 28.7.1986 is valid as long as the same is cancelled in the manner known to law. As the District Collector is not empowered to cancel the said certificate, the order of cancellation which was the basis for registration of the case is invalid and consequently the registration of the case as well.