P SAKTHIVEL Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS writ petition is filed praying for issuance of a Writ of certiorarified Mandamus, to call for the records relating to the impugned order of the respondent in Ref. Roc. Na. Ka. A1-1762, dated 05. 09. 2007 and to quash the same

(2.) THE petitioner claims that he belongs to Hindu Kattunaicken community. Since the said community has been recognized as Scheduled Tribe, he applied to the authority for issuance of a community certificate. The application was submitted on 02. 06. 2004 to the Tahsildar, Manapparai Taluk. The said Tahsildar has directed the petitioner by means of a communication dated 28. 06. 2004 to apply before the Revenue Divisional Officer, Tiruchirapalli since the community certificate for Kattunaicken community should be issued only by him. Thereafter, he applied for the community certificate before the said officer. But the Revenue Divisional Officer, Trichirapalli has refused to issue the community certificate to the petitioner by means of his communication dated 05. 09. 2007 after adducing certain reasons. In the said communication, the revenue Divisional Officer has stated that in an enquiry, it transpired that the petitioner belongs to Maruthoor Village coming under Kulithalai Taluk; that for the purpose of obtaining the community certificate the petitioner has mentioned that he has been residing in his uncle one Ganesan's house with an address bearing Door No. 9c, Vellakkal, Manapparai Taluk; that Ganesan, his father and his forefathers belonged to Vivelpuram, Vedasandur Taluk, Dindigul District. The enquiry revealed that the petitioner's native place is Maruthoor village in kulithalai Taluk; that on 29. 06. 2007 the Tahsildar, Manapparai Taluk has submitted a report that the petitioner does not belong to Manapparai Taluk and that it is further learnt that the petitioner is not at all residing in his uncle Ganesan's house in Vellakkal, Manapparai Taluk. Hence, the petitioner has come forward with the present writ petition for a direction to the respondent to issue the community certificate to him.

(3.) WE have heard Mr. G. R. Swaminathan, learned counsel appearing for the petitioner and Mr. R. Janakiramulu, learned Special Government Pleader appearing for the respondent.