K VISWANATHAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) These two appeals raise a question relating to the constitutional validity of a Government Order issued by the Social Welfare Department in G. O. No. 1139 dated 23rd March, 1982, by which the power to issue community certificate to members of the scheduled tribe called Konda Reddi community was vested only in Revenue Divisional Officers instead of Tahsildars, who, till the impugned Government Order was issued, were issuing such community certificates. This Government Order also specified the nature of proof which had to be adduced before the community certificate was issued.

(2.) The judgment of the learned single Judge, which is impugned in these two appeals, disposed of two writ petitions, W. P. Nos. 4346 and 4903 of 1982. W. P. No. 4903 of 1982 was filed by the Tamil Nadu Konda Reddis Welfare Association in a representative capacity, while W. P. No. 4346 of 1982 was filed by the President of the Salem District Konda Reddis Welfare Association, Salem. W. A. No. 783 of 1982 arises out of the order made in W. P. No. 4903 of 1982, and W. A. No. 344 of 1983 arises out of the same common order which disposed of W. P. No. 4346 of 1982.

(3.) As the question raised was of considerable importance and affected a large number of members of the community of Konda Reddis, we have also permitted the President of the Tamil Nadu Konda Reddis Sangam, Bhavani Taluk in Periyar District, to intervene in W. A. No. 783/1982, and we have heard Mr. T. S. Subramaniam, learned counsel appearing for the intervener.