N V SUBRAMANIAN Vs. ADDITIONAL COLLECTOR SALEM DISTRICT

JUDGEMENT

(1.) The petitioner prays for the issue of writ of Certiorari calling for the records in Roc. No. 125821/84-D, ii dt. 4-11-87 on the file of the 1st respondent and to quash the same.

(2.) According to the petitioner, he belongs to a Scheduled Tribe Community of 'Kurumbas' and that the cancellation of his community certificate already issued in his favour is illegal, without jurisdiction, vitiated, violative of principles of natural justice and totally unjustified. The petitioner states that his father belongs to 'Kurumbas' a Scheduled Tribe Community and his mother belong to Sreekaruneegar community, which is not a Scheduled Caste Community. The petitioner further states that his father migrated from the Nilgiris to Namakkal. The petitioner states that he married a girl belonging to Brahmin community, that certain disputes arose during the course of the services of the petitioner's wife as Headmistress, in such circumstances anonynous petitions were submitted, by certain members of an association, that the petitioner is leading a life and continuing to have relationship only with the people belonging to the Kurumbao Community and that they are being treated and continued to be recognised as members of the said community. The 2nd respondent without conducting enquiry had sent a report dt. 18-6-84, to the 1st respondent. It is further stated that the entire materials have been collected behind his back, that the said report has been submitted at the instance of one Kandasamy, and that the earlier verification which ended in favour of petitioner had been suppressed. Based on the report dt. 11-6-68 submitted by the Tahsildar, Salem, the 1st respondent-Additional Collector, issued a show cause notice dt. 26-8-87. Even in the very show cause notice itself, it has been concluded that the petitioner belonged to Sreekaruneegar Community which is not a scheduled caste, that the Certificate issued on 11-6-68 has to be cancelled. To the show cause notice dt. 26-8-87, the petitioner submitted a detailed explanation on 12-9-87. Without affording further opportunity of hearing and without holding an enquiry, the 1st respondent by impugned proceedings dt. 4-11-1987 confirmed the show cause notice and ordered cancellation of the community certificate issued in favour of the petitioner on 11-6-1968. Being aggrieved, the present writ petition has been filed by the petitioner.

(3.) The respondents have been served respectively on 25-4-88 and 28-4-88. Till this date no counter has been filed by the respondents.