KALLEM CHENDRAIAH Vs. DISTRICT COLLECTOR KHAMMAM

JUDGEMENT

(1.) OF the 24 petitioners herein, petitioners No. 2,3,4,5,7,8,9,11,14, 15,16,17 and 24 are aged 35 years, 23 years, 24 years, 19 years, 26 years, 30 years, 19 years, 31 years, 16 years, 14 years, 12 years, 19 years and 32 years, respectively (as on the date of filing of the writ petition, in the year 2002 ). The petitioners challenge the order of the 1st respondent-District Collector, khammam dated 25. 4. 2002 canceling Migration-cum-Caste Certificates certifying the petitioners as belonging to a Scheduled Tribe (Lingadhari Koya or Koya, as the case may be) issued by the M. R. O. , Cherla Mandal and directing initiation of criminal action as per the provisions of the A. P. (SC, ST and BC) Regulation of issue of Community Certificates Act, 1993 ('the Act') and the relevant Rules of 1997, against the petitioners.

(2.) THE petitioners claim that they belong to the Lingadhari Koya community a scheduled Tribe and are presently residing in different Mandals of Ranga Reddy district. They claim that in their educational records they are described as belonging to Lingadhari Koya community a Scheduled Tribe. Some of the petitioners are employed, some are pursuing education. All claim ST status as lingadhari Koya. The petitioners assert that some officers of the Tribal welfare Department had suggested that the social status certificates issued by the MRO, Quthbullahpur and Balanagar Mandals would be permanent and final if they obtain Migration Certificates from the MRO, Cherla. On such oral suggestion and as the petitioners assert, with a view to consolidate their social status, they approached the 3rd respondent for a Migration certificate. The 3rd respondent is stated to have caused certain enquiries and issued migration Certificates dated 27. 4. 2000 to the several petitioners.

(3.) THE petitioners further assert that the 1st respondent on the basis of a report of the 2nd respondent issued a show cause notice dated 21. 9. 2000 alleging that the petitioners had obtained false Migration-cum-Caste Certificates and should submit explanation as to why such certificates be not cancelled and the petitioners be not prosecuted for offences under the Act. Claiming that the 3rd respondent had merely issued them a Migration Certificate and not a Caste certificate and further contending that no proceedings were initiated by the district Collector , RR District for cancellation of the Caste Certificates issued by the MROs, Quthbullahpur and Balanagar, the petitioners assail the impugned order issued by the 1st respondent dated 25. 4. 2000 canceling the migration-cum-Caste Certificate issued by the 3rd respondent.