R VENU Vs. STATE LEVEL SCRUTINY COMMITTEE AND SECRETARY TO GOVERNMENT ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT

JUDGEMENT

(1.) THE petitioner Dr. R. Venu of Ottayalvilai village of Agastheeswaram Taluk, Kanniyakumari District, has applied for the Scheduled Tribes Community Certificate to his son V.V. Sujith before the District Vigilance Committe, as his son belongs to Kaniyan Tribe which is included in the Scheduled Tribe List in the State of Tamil Nadu. It is stated that the petitioner's native place is Chapad Village, Karthikai Palli Taluk, Alapuzha District, Kerala State. He married one G.S.Valsala of Parakkai Village in Kanniakumari District and out of the wedlock, their son V.V.Sujith was born and his birth has also been registered before the Registrar of Births, Kottaram and thereby his son is an ordinary resident of Ottayalvilai, Kanniyakumari District as he had shifted his residence permanently to the said place. His name finds a place in the Voters' list and family card has also been issued to him evidencing the permanent residence at Ottayalvilai. According to the petitioner, he is belonging to Hindu "Ganaka" community as evident from the community certificate issued by the Tahsildar of Karthikaipali, Kerala State. According to the Gazette issued by the Kerala Government, the Hindu "Ganaka" community is classified under the Other Backward Class community.

(2.) ON his application, the District Vigilance Committee, Kanniyakumari District has verified the genuineness of the social status of the petitioner in detail and the petitioner has not produced any documentary evidences to prove that the community Ganaka in Kerala State is the same as the community of Kaniyan which is classified as Scheduled Tribes in the State of Tamil Nadu.

(3.) ON remittal, the State Level Scrutiny Committee requested the District Collector, Kanniyakumari District to verify the genuineness of the social status of Tmt.Bindhu and her husband Thiru B.Sureshkumar. Accordingly, enquiries were made by the Collector, Kanniyakumari District through the RDO, Nagercoil on the above aspects and after recording their statements sent a report to the effect that there is no blood relationship between the families of Dr.R.Venu and that of Thiru B. Sureshkumar and Tmt.Bindhu and therefore the petitioner and the alleged relatives belong to different families of different communities. The State Level Scrutiny Committee based on the above said report and relying on the Clarification issued by the Government of India vide Ministry of Tribal Affairs Letter, dated 4.3.2005, by the impugned proceedings dated 10.8.2005, once again negatived the claim of the petitioner. Against which, the present writ petition has been preferred.