M. Velayudham vs The District Collector and The Tahsildar

R. Subbiah, J.—This writ petition is filed to issue a writ of Certiorarified Mandamus, to quash the order of the second Respondent dated

28.09.2010 and to direct the second Respondent to issue a permanent scheduled caste community certificate to the Petitioner''s minor children V.

Manoj and V. Vijay.

It is the grievance of the Petitioner that originally, the Petitioner was a Christian by birth and his name was Dharmaraj and he belonged to Pallar

community. Thereafter, he converted to Hinduism and his name was changed as Velayudham. His conversion was notified in the Tamil Nadu

Government Gazette on 23.09.1981. He has applied for a community certificate before the Tahsildar, Rajapalayam. Considering his application,

the Tahsildar, Rajapalayam, issued a community certificate to the Petitioner on 23.05.1981 as scheduled caste community. The wife of the

Petitioner is also belonging to Hindu Pallar, Scheduled Caste community. The Tahsildar, Srivilliputhur issued a community certificate to the wife of

the Petitioner on 27.02.1989 as scheduled caste community. After the marriage, the Petitioner and his wife are residing at South Street,

Nakkaneri. When the Petitioner required the community certificate for his minor children V. Manoraj and Vijay, he approached the village officer,

Ayyankollan Kundan Village for permanent community certificate, he recommended the same to the Tahsildar, Rajapalayam, the second

Respondent herein. But the second Respondent by impugned order dated 28.09.2010 rejected the same stating that the Petitioner is the resident

of Kottayampatti Village, Srivilliputhur Taluk and hence he does not know about the religion which the Petitioner was following at present. He also

directed the Petitioner to approach the Tahsildar, Srivilliputhur Taluk. Aggrieved over the same, the present writ petition has been filed.

We have heard the submissions made by the learned Counsel on either side and perused the materials available on record.

It is seen from the records that the Petitioner converted from Christianity to Hinduism as early as in the year 1981. The Tahsildar, Rajapalayam

has also issued community certificate dated 23.05.1981 to the Petitioner as scheduled caste community. Similarly, the Tahsildar, Rajapalayam had

also issued community certificate to the Petitioner''s wife on 27.02.1989 as scheduled caste community. The said documents are still in force, so

long the community certificates issued in favor of the Petitioner has not been cancelled, we do not find any reason to reject the claim of the

Petitioner requesting to issue the community certificate in favor of his minor children as scheduled caste. The Division Bench of this Court while

dealing with the similar set of facts in the case of T.V. Dharmalingam v. The Head of Department (Spl. Exams) and Ors. reported in 2010 W.L.R

1123 has held in paragraphs 16 to 18 are as follows:

One of the documents relied on by the Petitioner is the copy ofthesaledeedoftheyear1958bearingDocumentNo. 3318/1958onthe file of Sub-

Registrar, Tirupattur, in which the purchaser Lingammal is shown as belonging to ""Kurumans"" community. The said Lingammalis the senior paternal

uncle''s wife of the Petitioner. Similarly, there are other registered documents, like sale deed, etc., showing the community of the Petitioner and his

relatives as ""kurumans"". The Petitioner was given a community Certificate stating that he belongs to ""Hindu Kurumans"" community. His elder

brother and his children were also issued with Community certificate tot he very same effect. Those documents have not been cancelled and are in

force. We are of the considered view the primary documents relied on by the Petitioner, which are of more evidentiary value and has rejected the

claim of the Petitioner on untenable grounds. The finding of the fourth Respondent in the impugned order that the Petitioner does not belong to

Hindu Kurumans"" community is perverse and liable to be rejected.

In the facts and circumstance softheaded following the ratio of the decision of the earlier Division Bench of this Court, we are inclined to give a

positive direction to the fourth Respondent to issue Community Certificate to the children of the Petitioner as belonging to ""Hindu Kurumans

community.

In the result, the writ petition is allowed, the impugned order of the fourth Respondent, dated 15.02.2010, is set aside and the fourth

Respondent is directed to issue Community Certificates to the children of the Petitioner, namely, (1) D. Gowtham Raj, (2) D. Harish and (3) D.

Sudha that they belong to ""Hindu Kurumans"" community, a notified Scheduled Tribe, with in a period of four weeks from the date of receipt of a

copy of this order. There shall be no order as to costs. Consequently, M.P. No. 2 of 2010 is closed.

The said decision of this Court is squarely applicable to the facts of this case. Hence, we are of the view that when the primary document

namely the community certificate issued in favor of the Petitioner and his wife are still in force which have more evidentiary value, there is no reason

to reject the claim of the Petitioner. Accordingly, the impugned order passed by the second Respondent, dated 28.09.2010 is quashed and the

second Respondent is directed to issue community certificate to the Petitioner''s minor children as scheduled caste community, within a period of

four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs.