LAWS(MAD)-1997-8-137

THE DISTRICT COLLECTOR AND ANR. Vs. N. SATHYAMURTHI

Decided On August 14, 1997
The District Collector And Anr. Appellant
V/S
N. Sathyamurthi Respondents

JUDGEMENT

(1.) The writ appeal is filed against the order of Shivaraj Patil, J., dated 10.10.1995 in W.P. No. 9796 of 1995, allowing the writ petition filed by the respondent. The respondents in the writ petition are the appellants herein.

(2.) The respondent filed the writ petition to quash the proceedings of the 1st appellant in R. Dis. No. 100224/94 (JB) dated 19.7.1995 and consequently direct the 1st appellant to issue community certificate in favour of the respondent as belonging to Hindu Irular forthwith.

(3.) The case of the respondent is that he was born on 3.3.1976, that his father M. Narayanamurthi was then an employee working in the Indira Gandhi Atomic Research Centre at Kalpakkam, that his mother Parimala is also working in the same department, that his natural parents belong to Hindu Thuluva Community, which is declared as Backward Class in the State of Tamil Nadu and that his natural father M. Narayanamurthi died during 1982 when he was only six years old, leaving behind the respondent and his mother. At the time of the death of his natural father, the respondent was studying in Kendriya Vidhyalaya School at Kalpakkam. After the death of his natural father, the respondent's mother got married to his adoptive father M. Kuppuswami, who was also working in the said Research Centre. Their marriage was solemnized as per the Hindu Marriage Act on 19.6.1985. The same was also registered before the Sub Registrar, Thirukazhikundram.