P.R. PERUMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the petitioner and the learned Special Government Pleader appearing on behalf of the respondents. The petitioner Mr. P.R. Perumal seems to have created more confusion than what already existed in the Telugu Patti Chetti Caste community certificate issued to a group of persons. In his representation dated 3.4.2006 addressed to the Sub -Collector, while giving the details of various persons, who had the benefit of Telugu Patti Chetti community certificate, he requested the authority not to take any adverse action in respect of the community certificates issued to such of his relatives. He also sought for issuance of certificates in the same manner for other relatives and he enclosed certain documents along with the said representation. However, that strange request from the petitioner resulted in the unusual order which is under challenge. The sub -Collector called for a report from the Tahsildhar and the Tahsildhar was kind enough to submit a report on 17.7.2000 in Na.Ka AA7/5392/00. Thereafter, the Sub -Collector proceeded to accept the report of the Tahsildhar to come to the conclusion that in Srivilliputhur Taluk, there is no community as Telegu Patti Chetti and they are residents of Chennai only. The only chetti community available in Maharajapuram village, Srivilliputhur Taluk are '24 Manai Telegu Chetti', 'Telegu Chetti' and 'sadhu Chetti'. In such view of the matter, directed the Tahsildhar to collect the community certificates from 19 persons and cancel them, failing which appropriate legal action should be taken against the beneficiaries for misuse of certificates alleged to have been wrongly issued.

(2.) THE writ petition has been filed for a Writ of Certiorari to call for the records relating to the proceedings of the 2nd respondent, the Sub -Collector, Sivakasi, in No. M.MU.A. 3/4396/06 dated 11.04.2006 and to quash the same.

(3.) HOWEVER , we are not inclined to accept the explanation as prima facie, we conclude that there is a gross violation of principles of natural justice. We find that the said Perumal S/o. Ramaiah Chettiar, by making a representation for 19 persons, invited the present order under challenge. In any event, even assuming that 19 certificates are wrongly issued for one or other reason, it is incumbent on the authority to issue show cause notice to 19 persons calling for an explanation. A proper enquiry should have been made and thereafter, community certificates should have been ordered to be cancelled withdrawn. The omnibus order directing the Tahsildhar to collect those 19 certificates and cancel them, without hearing the said persons, who will be affected, would be a gross violation of principles of natural justice. Therefore, solely for the aforesaid reason, we are inclined to set aside the impugned order passed by the second respondent in No. MU.MU.A. 3/4396/06 on 11.4.2006. However, liberty is given to the second respondent, the Sub -Collector or the authority concerned to issue individual notices to the said 19 persons and proceed in the matter in accordance with law. The writ petition stands allowed as above. Consequently, connected W.P.M.P. (md). No. 4485 of 2006 is closed. No costs.