LAWS(MAD)-2006-4-124

R LINGAN Vs. REVENUE DIVISIONAL OFFICER HOSUR

Decided On April 25, 2006
R.LINGAN Appellant
V/S
REVENUE DIVISIONAL OFFICER, HOSUR Respondents

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus calling for records relating to Roc. 1825/97 (A3), dated 11. 2. 2003, quash the same and direct the respondent to issue a community certificate to the daughter of the petitioner by name Bagyalakshmi and to his grand daughter Naveenasri that they are belonging to "kurichchan" which comes under the category of Scheduled Tribe.

(2.) IT is the case of the petitioner that he belongs to "kurichchan" community, which is a scheduled Tribe. In the Secondary School Leaving Certificate issued to the petitioner in the year 1959, his community has been entered as "kurichchan". The Tahsildar, Hosur, had issued a community certificate to the petitioner as early as 23. 9. 1963 certifying that he belongs to "kurichchan" community, which is a Scheduled Tribe. Even in the Service Book of the petitioner, his community has been mentioned as "kurichchan". In the Transfer Certificate issued to the petitioner on 1. 6. 1964 by the Headmaster, Board High School, Denkanikotta, his community has been shown as "kurichchan".

(3.) THE Government of Tamil Nadu in letter No. 8017/dw. III/91-3, dated 3. 4. 1991 had directed that the community certificates for Scheduled Tribe should be issued only by the concerned revenue Divisional Officers after 11. 11. 1989. The petitioner had made a request to the respondent on 30. 9. 1991 for the issuance of a certificate to his daughter L. Bagyalakshmi stating that she belongs to "kurichchan" community. The petitioner had produced a number of documents to show that he belongs to "kurichchan" community. The respondent had conducted a village level enquiry on 10. 6. 1992 and recorded his finding that according to the ex-president of the respondent village and the other elderly people, the petitioner belongs to "kurinjigar" community and that the petitioner's mother tongue was Kannada. It was also recorded that the villagers did not know the difference among "kurichchan" "kurinjigar" and "kunjidigar" communities. The respondent had also stated that there was no community by name "kurinjigar". However, the respondent had come to the conclusion that the petitioner belonged to "kunjidigar" community, which is a "backward Class".