S NANDAKUMAR Vs. STATE LEVEL SCRUTINY COMMITTEE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader for the respondent.

(2.) ON the application of the petitioner, the Revenue Divisional Officer, Cheranmahadevi, issued a community certificate in favour of the petitioner declaring him a member of the Konda Reddy Community, a Scheduled Tribe. The matter was subsequently brought to the notice of the State Level Scrutiny Committee, which, after notice and hearing, declared that the petitioner do not belong to such community (Scheduled Tribe) and while cancelling the community certificate, directed the Collector of Kanyakumari District to process and initiate criminal action against the individual concerned and send a report to the Government in due course. The petitioner has taken a specific plea that the community certificate, issued as back in the year 1984, was never used by him for any purpose, including service or education. However, it is alleged that the father of the petitioner, viz. Subburaman used the certificate for admission to one of his son.

(3.) IN the facts and circumstances, while we are not interfering with the impugned order dated 5.11.2008, we allow the petitioner to approach the Collector of Kanyakumari District and file an affidavit with a specific stand that the community certificate was never used by him for admission in any school or for employment in any Government or public sector undertaking or for any other purpose, including admission for his children. The Collector of Kanyakumari District, after necessary verification, shall decide whether this a case in which criminal action is required to be taken against the petitioner or not, on the basis of the fact, after due enquiry. Further, it will be open to the petitioner to bring those facts to the notice of the investigating agency, at the time of investigation, in case if any action is taken under law. The writ petition stands disposed of allowed with the aforesaid observation. There shall be no order as to costs. M.P.Nos.1 and 2 of 2008 are closed.