R. THIRUPATHY Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) WHAT is challenged in this Writ Petition is the order, dated 19.09.2013, rejecting the claim of the petitioner for issuance of the Community Certificate for Panniandi Community, which is a Scheduled Caste Community, seeking to quash the same and for consequential direction to the respondents to issue the Panniandi Scheduled Caste Community Certificate to the petitioner.

(2.) IT is the case of the petitioner that he belongs to Panniandi Community, which is a Scheduled Caste Community. In the vicinity of Dharmapuri and Krishnagiri Districts, large extent of Panniandi Community people are residing and they originally carried on their family occupation of rearing pigs. Subsequently, due to modernisation and global development, the said Community people started to change their avocation according to their suitability and now -a -days, the said family occupation of rearing pigs disappeared, but however, some of the families still continue the same. The Revenue Department refused to issue the Community Certificate as Scheduled Caste of Panniandi and Kosangi Communities. There were several representations and demonstration by the said Community people, demanding to recognise their Community and for issuance of the said Community Certificate, based on which, the Deputy Secretary of the Scheduled Caste and Scheduled Tribes Welfare Department, Secretariat, Chennai, issued a Communication, dated 02.09.2013 in Letter No. 13959/Sa.Ma -1/2013 -1, directing the District Collectors of Krishnagiri and Dharmapuri Districts to issue the Community Certificate of Panniandi and Kosangi as Scheduled Caste Communities, based on the respective applications. Accordingly, the Certificates have been issued by the respondents to several persons who are relatives, nephews, nieces, etc., of the petitioner. Several relatives of the petitioner were issued with the Community Certificate of Panniandi from the years 1982 to 1988, 2009 and 2010 by the Revenue Department.

(3.) THE respondents have filed counter affidavit, stating that on 01.07.2013, the petitioner made an application to the first respondent, requesting to issue the Community Certificate of Panniandi, which comes under the Scheduled Caste Community, and the said application was forwarded to the third respondent and the same was received on 20.11.2013. On 05.01.2014, the third respondent, along with Deputy Tahsildar, made local inspection in the area where the petitioner is residing and collected a statement from the local people, which clearly showed that the petitioner does not belong to Panniandi Community. On 04.03.2014, the third respondent made a special visit along with other officials, conducted an enquiry in the local area, collected materials from Registrar Officer and School and submitted a report, which was also served on the petitioner. The third respondent obtained statement from the President of the 1st Grade Village, which showed that the petitioner does not belong to the Community which he is claiming. The petitioner submitted the School Transfer Certificate, which shows Panniandi Community, but that alone cannot be taken into account to decide the issue, because, all the parents of the children at the time of joining in the School, would make an entry in the Admission Forms as they like. So, on the sole documentary proof, the authority of issuing the Community Certificate cannot come to the conclusion without any other supporting documents to the claim of the petitioner.