V SUKUMAR Vs. DEPUTY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The present Writ Petition is filed for issuance of a Writ of Certiorari to call for the records relating to the communication in Letter No.8138/CV-4(1)/2010-3, dated 01.11.2017 on the file of the first respondent and quash the same.

(2.) It is the case of the petitioner that he belongs to Hindu Kattu Nayakan Community, which is recognised as a Scheduled Tribe Community by the Government of Tamil Nadu. The Tahsildar, Egmore-Nungambakkam Taluk, had issued a Community Certificate as early as on 21.09.1976 to the effect that the petitioner belongs to Hindu Kattu Nayakan Community. After graduation, the petitioner joined the services of the Indian Overseas Bank during the year 1985 and presently, he is working as Manager, TVS Colony Branch, Chennai. After his appointment with the Indian Overseas Bank, during 1992, the Deputy Chief Officer, SC/ST Cell, attached to the Bank, forwarded the petitioner's Community Certificate issued by the Tahsildar to the District Vigilance Committee, headed by the District Collector, Chennai, the second respondent herein, for the purpose of verification and confirmation of his community status as Hindu Kattu Nayakan Community. After prolonged enquiry of about 11 years, the District Vigilance Committee, under proceedings, dated 16.05.2003, passed an order confirming the community status and found that the Community Certificate issued to the petitioner by the Tahsildar is genuine.

(3.) While so, in the year 2003, as the petitioner required a permanent Community Certificate issued in a new format as prescribed by the Government, for himself and his children S.Deepak and S.Govardhan, for the purpose of petitioner's employment and education, respectively, he applied for issuance of Community Certificate to the second respondent/District Collector, by application dated 26.05.2003. The second respondent directed the petitioner to appear before the Tahsildar, Egmore-Nungambakkam Taluk for enquiry, which was conducted on various dates and during the course of enquiry, the petitioner submitted all relevant records. Based on the records submitted by the petitioner, the Tahsildar, Egmore-Nungambakkam Taluk also recommended his case to the second respondent through the report, dated 18.06.2004 for issuance of permanent Community Certificate to himself and his children. Thereafter, the petitioner was called for by the fifth respondent to appear on 20.07.2004. The petitioner attended the enquiry and produced all the records before the fifth respondent. He has also filed an affidavit, dated 11.08.2004 as required by the fifth respondent. Even after lapse of one year after the enquiry, the permanent Community Certificate was not issued. Hence, the petitioner approached the second respondent-District Collector. By letter dated 08.10.2004, the second respondent directed the petitioner to approach the fifth respondent again for fresh enquiry to be held on 11.10.2004. As no such enquiry is required, the petitioner has filed a Writ Petition in W.P.No.29634 of 2004 seeking to quash the communication dated 08.10.2004 issued by the second respondent, subjecting the petitioner again for enquiry, stating that the District Level Committee has already confirmed the community status of the petitioner, and therefore, there is no need to have a fresh enquiry. This Court, by order dated 29.03.2007, allowed the said Writ Petition and quashed the said communication dated 08.10.2004 issued by the second respondent-District Collector and directed the second respondent therein to issue the permanent Community Certificate to the petitioner and his children.