M LATHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner praying to issue Certiorari to call for the records from the first respondent passed in Roc. No. 432/93 H1 dated 18. 7. 1997 and to quash the same.

(2.) THE case of the petitioner as pleaded in the affidavit filed in support of the Writ Petition and as argued by the learned counsel for the petitioner today is that the petitioner belongs to 'kattunaicken Community', which is recognised as Scheduled Tribe (ST) by the Government; that she is working as a Postal Clerk at Begampur in Dindigul District; that she was appointed to the said post under the 'st' quota; that on complaints, the District Collector conducted an enquiry and declared that her parents do not belong to 'kattunaicken Community'; thus, for arriving at the conclusion without any material evidence to the said effect, her parents filed a civil suit in O. S. No. 1191 of 1982 on the file of the Court of District Munsif, Dindigul for declaring that her parents belonged to 'kattunaicken Community' and the said Court also passed a decree in favour of her parents; that on an appeal preferred in A. S. No. 107 of 1984, the decree and judgment of the lower Court was confirmed; that the department has preferred a Civil Revision Petition in CRP No. 2712/1987 before this Court, which set aside the judgment passed by the Appellate Court in A. S. No. 107 of 1984 on ground of jurisdiction and transferred the matter to the Central Administrative Tribunal and renumbered as T. A. No. 307 of 1987 wherein it declared that her parents belonged to 'kattunaicken Community'.

(3.) THE further case of the petitioner is that the District Collector enquired into her parents' community and cancelled her mother's Community Certificate; that the Civil Court passed a judgment and decree in favour of her parents in O. S. No. 567 of 1989; that the District Collector without any direction reopened the matter suo-motu; that on 27. 5. 1978, the Tahsildar, Dindigul issued a Community Certificate that she belongs to 'kattunaicken Community'; that thereafter, a Writ Petition was filed by her brother and an order was passed directing the respondents therein to consider the representation of her brother and dispose of the same in accordance with law.