P JAYABALAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the Revenue Divisional Officer, Namakkal, the respondent herein, in Na. Ka. 8988/03/ (A5) dated 30. 12. 2003, seeking to quash the same and for a consequential direction to the respondent to issue Community Certificate to the petitioner's son as Bandi (SC) community.

(2.) THE case of the petitioner is that he is residing at Nallipalayam Village, Namakkal District with his family. His son was studying in IX standard at the time of filing of the writ petition. As his son requires Community Certificate for higher studies, he has applied for the Community Certificate on 26. 05. 2003 to the Revenue Divisional Officer, (in short "rdo") Namakkal, the sole respondent herein. His father, grand father and great grand father lived in Nallipalayam village for several decades. The petitioner studied upto S. S. L. C. and is working as a Writer in a Government school. He and his ancestors belong to Kal Oddar caste and they used the word "boyar" with their name as their surname. His ancestors were illiterate and they have given his caste as Boyar in his school certificate. He has produced the sale deed made in the year 1974 in which the words "kal Oddar" has been prefixed to his father's name and in the other sale deeds also made in the year 1943 and 1947, the words "kal Oddar" have been prefixed to his ancestors' name.

(3.) ACCORDING to the petitioner, "kal Oddar" caste is called "bandi" and this comes under SC. In support of this contention, he relies on a Gazette Notification published in the year 1967 which has been annexed in the typed-set of papers to show that Bandis are there in all districts of Tamil Nadu and a clarification in this regard has been sent to the Secretary to Government, Adi Dravidar and Tribunal Welfare Department, on 07. 06. 1999 and photo copy of the proceedings also has been filed in the typedset. He had sent representations to the District Collector and Tahsildar on 09. 09. 2003 and since there was no response, he had filed a writ petition in W. P. No. 28199 of 2003 with this Court seeking a direction to the respondent to consider his representation dated 09. 09. 2003 and to dispose of the same. This Court, on consideration of the case of the petitioner, passed the following order on 10. 10. 2003.