SIVAJAYAPRAKASH Vs. GOVT. OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed for issuing a Writ of Certiorarified Mandamus to cancel the permanent Community Certificate No. 1063899, dtd. 9/1/1998 issued to the seventh respondent violating G.O. Ms. No. 781, dtd. 2/5/1988 and to pass further orders.

(2.) The Writ Petition is filed as a Public Interest Litigation. The petitioner is the Secretary of Mallar Bharatham Sangam registered under the Societies Registration Act (Registration No. 85/2013). The petitioner states that he came to understand that the seventh respondent, who is the leader of Puthiya Tamilagam Party, has obtained a false community certificate as if he belongs to Hindu Devendra Kulathan community coming under scheduled caste from South Taluk of Coimbatore fraudulently. It is the case of the petitioner that the seventh respondent fraudulently obtained the permanent community certificate influencing his political powers on 9/1/1998.

(3.) The petitioner has stated in his affidavit that as per Secondary School Leaving Certificate and elementary school admission register, the seventh respondent belongs to the native Taluk of Udumalpet and as per G.O. Ms. No. 781, the Government of Tamil Nadu, Revenue Department, permanent community certificate has to be issued by the Tahsildar, Udumalpet Taluk to the seventh respondent. However, it is stated that the community certificate issued to the seventh respondent was obtained from the Tahsildar, South Taluk Office, Coimbatore. The petitioner further states in his affidavit that the procedure required to be followed as per G.O. Ms. No. 781, dtd. 2/5/1988 had not been followed and hence, the certificate issued to the seventh respondent on 9/1/1998 is liable to be cancelled. The petitioner further states that he had valid information from the husband of the seventh respondent's sister that the father of seventh respondent is one Mr. Rangarajan, belonged to Madari community and that one Karuppa Kudumban who is shown as the father of the seventh respondent is not the biological father of the seventh respondent. Sum and substance, the contention of the petitioner is that the seventh respondent belongs to Madari (Arunthathiyar) community and that the community certificate showing his community status as Devendra Kulathan is illegal. With regard to the locus standi of the petitioner, the petitioner states that the seventh respondent has cheated the community as if he belongs to Devendra Kulathan and contested for Member of Legislative Assembly from Ottapidaram constituency. It is further contended by the petitioner that the seventh respondent has cleverly cheated the Devendra Kulathan community people with bogus community certificate and the community people have lost their opportunity of contesting from Ottapidaram constituency as a Member of Legislative Assembly. The petitioner himself submitted a representation dtd. 15/8/2017 to the third respondent. Stating that no action has been taken by the third respondent, the petitioner has come forward with this Writ Petition.