N RAVIKUMAR Vs. DISTRICT COLLECTOR TIRUNELVELI DISTRICT

JUDGEMENT

(1.) This Writ Petition has been filed seeking for a Writ of Certiorarfied Mandamus, calling for the records of the fourth respondent in x.K.m5/495/2015> dated 23.01.2015 issued to the petitioner, quash the same as illegal and consequently direct the fourth respondent to issue Hindu Kavara Scheduled Caste Community Certificate to the petitioner, petitioner's son by name Ravikumar Jayaditya and petitioner's daughter by name Ravikumar Thanvi, on the basis of the application submitted on 20.01.2015 within a stipulated time.

(2.) It has been averred in the petition that the petitioner belongs to 'Hindu Kavara' community, which comes under the Scheduled Caste category. He was born to one Ramanujam and Nagavalli Ammal on 18.02.1971. His biological parents have given him in adoption to one Narayanasamy and Valliammal, by way of a registered adoption deed bearing No.4/1981, dated 22.01.1981, since his adopted parents had no issues. In fact, his adopted father is the brother of his biological mother. His biological parents belong to Puliangudi Village in Tirunelveli District and his adopted parents belong to Puliarai Village in Sengottai Taluk, Tirunelveli District. They are all belonging to Hindu Kavara Community, which comes under the category of Scheduled Caste. On completion of Higher Secondary Course, the School has issued the Transfer Certificate to the petitioner stating that he belongs to Hindu Kavara Scheduled Caste Community. Thereafter, he had gone to Singapore on employment assignment during 2004 and on 27.11.2006, he married one Sasireka hailing from Bangalore. Due to the wedlock, they have been blessed with a male child by name Ravikumar Jayaditya, who was born on 28.06.2010 and subsequently, on 01.12.2014, a female child by name Ravikumar Thanvi was born. The petitioner submitted an application for issuance of Hindu Kavara Scheduled Caste Community Certificates to him as well as to his children, to the fourth respondent on 20.01.2015, on the basis of the Community Certificates issued to his brothers, namely Seetharaman and Duraisamy, who were born to his adopted father Narayanasamy through his second wife Angammal. To prove his community status, he has also produced several documents, like family card and identity card issued by the Election Commission of India, wherein it was stated that he belongs to Puliarai Village. Apart from that, his adopted father had a brother, by name Durairaj and the son of Durairaj, viz., Thiruppathi was also issued with Hindu Kavara Scheduled Caste Community Certificate by the fourth respondent on 09.10.1995. The Village Administrative Officer, Puliarai Village has also recommended to the Revenue Inspector for issuing a Community Certificate to the petitioner and his children on 21.01.2015. However, the fourth respondent rejected his claim on the ground that there is no evidence to show that the petitioner belongs to Puliarai Village and he has not submitted any document in support of his claim. Aggrieved over the same, he is before this Court with the present Writ Petition.

(3.) Today when the matter was taken up for consideration, the learned counsel appearing for the petitioner made a detailed argument by adverting to the averments made in the affidavit filed in support of the Writ Petition and he has also drawn the attention of this Court to the Transfer Certificate issued to the petitioner dated 20.05.1991 and also the Community Certificates issued to his brother dated 13.09.2005 and the Community Certificate issued to his cousin dated 09.10.1995, wherein Community Certificates were issued as though they belong to 'Hindu Kavara Community'.