G MUTHULAKSHMI Vs. COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) HEARD all the parties.

(2.) IN the above writ petition, the petitioner has prayed for issuance of certiorarified mandamus calling for the records of the first respondent dated 20.4.1992 and bearing No.Na.Ka.Adi.8-126294/87 and quash the same and consequently direct the first respondent to issue a community certificate stating the petition belongs to the Malaikuravan community.

(3.) THE respondents in their counter-affidavits have admitted that the report of the second respondent was not furnished to the petitioner as she neither applied nor requested for the perusal of the enquiry report of the second respondent dated 30.1.1982. It is also admitted that local enquiry was conducted by the second respondent before submitting his report dated 30.1.1982. In this regard I am obliged to refer the decision of the Division Bench of this Court reported in D.Selvaraju v. Bharat Heavy Electricals Limited represented by its Executive Director, Trichy-14 and another D.Selvaraju v. Bharat Heavy Electricals Limited represented by its Executive Director, Trichy-14 and another D.Selvaraju v. Bharat Heavy Electricals Limited represented by its Executive Director, Trichy-14 and another , 1991 Writ L.R. 68 wherein the Division Bench of this Court has held that community certificate cannot be cancelled by the Collector on the basis of the preliminary enquiry report conducted by the Revenue Divisional Officer, if the preliminary enquiry report is not served on the petitioner. THE Division Bench of this Court has held as follows: