KAMALA Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 14.10.2009 impugned at Annexure -D to the petition. The petitioner is also assailing the order dated 20.02.2013 impugned at Annexure -E to the petition.

(2.) THE brief facts are that the petitioner claiming to belong to 'Nayaka caste' had obtained a caste certificate from the Tahsildar so as to enable her to contest for the post of 'Deputy Mayor', Mysore City Corporation. The correctness or otherwise of the said certificate had arisen for consideration before this Court at the first instance when an adverse order had been passed against the petitioner. In the said petition in W.P.No.13833/2009, this Court while disposing of the same by its order dated 22.06.2009 had set aside the orders impugned therein and had remanded the matter to the Tahsildar to reconsider the same after providing opportunity to the petitioner to putforth the contentions including the written statements. Pursuant thereto, the order dated 14.10.2009 at Annexure -D has been passed. The petitioner made one more application to the Tahsildar subsequent to the said order and the Tahsildar has rejected the same by the endorsement dated 20.02.2013 (Annexure -E) since the order dated 14.10.2009 had remained un -assailed.

(3.) LEARNED counsel for the respondent would however contend that the petitioner has not putforth the actual contentions in the instant petition and therefore has not approached this Court with clean hands. In that regard, it is contended that a perusal of the order passed by the Tahsildar would indicate that the Tahsildar has taken note of the fact that the entries relating to the petitioner in the records indicated as 'Ganga Matha' and therefore the said caste in any event is not a 'Schedule Tribe' and therefore the certificate issued to the petitioner in any event was not justified. Hence, it is contended that the Tahsildar having taken note of these aspects was justified and the order does not call for interference.