S SAKTHI Vs. DISTRICT COLLECTOR DISTRICT

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order of the second respondent dated 12.10.2000 insofar as insisting the petitioner to produce the community certificate issued by the Revenue Divisional officer for registering her community in the employment exchange and further direct the respondent to register the community certificate dated 23.12.1985 issued by the Tahsildar for employment purpose.

(2.) THE case of the petitioner is that she belongs to Kettunayakan caste, which comes under the Scheduled Tribe community. THE petitioner's father married one Vijayalakshmi on 5.4.1982 who belongs to Brahmin Iyengar, a forward community. THE petitioner and the children born to her father and mother, are brought up under the customs and traditions of the petitioner's father viz., Kettunayakan community. On 10.10.1985, the petitioner's father made an application to the first respondent for issuing an inter caste marriage certificate and also for issuing community certificate for the petitioner and her sister. In the said application, the first respondent ordered enquiry and after enquiry, the Tahsildar, Tirupur issued community certificate to the petitioner on 23.12.1985 certifying that the petitioner belongs to Kettunayakan community. A copy of the community certificate issued on 23.12.1985 by the Tahsildar, Tirupur is also enclosed in the typed set of papers.

(3.) FOLLOWING the said judgment of the Supreme Court as well as the judgment of this Court, the demand made by the second respondent to produce fresh community certificate issued by the Revenue Divisional Officer cannot be sustained. The second respondent is directed to register the name of the petitioner in the employment exchange as S.T. candidate on the basis of the community certificate already issued by the Tahsildar, Tirupur dated 23.12.1985.