R.Anandan vs The Personal Assistant (General) to the District Collector, Chennai

M. Jaichandren, J.—Heard the learned counsels appearing for the parties concerned.

The learned counsel appearing on behalf of the petitioner had submitted that the petitioner had made a request to the District Collector, Chennai, dated 3.5.2012, requesting for the issuance of a community certificate stating that the petitioner''s sons, namely, A.Dravid and A.Dharshan belong to Hindu Kattunayakan community, which is schedule tribe community.

The learned counsel appearing on behalf of the petitioner had further submitted that the petitioner had enclosed twenty two documents to show that the petitioner''s parents have been living in Chennai, from the year, 1945. He had also pointed out that, as per the Government Order, in G.O.(Ms). No. 61, Adi Dravidar and Tribal Welfare (ADW-10) Department, dated 4.4.2005, the petitioner is entitled to make an application for the issuance of the community certificate, at Chennai, even though his native place is in Nagapattinam District. However, the respondent had rejected the request of the petitioner stating that, as per the said Government Order, the petitioner should have made the application before the appropriate authority, in Nagapattinam District, for the issuance of the community certificate, as prayed for by the petitioner.

Per contra, the learned Government Advocate appearing on behalf of the respondent had submitted that the request of the petitioner for the issuance of a community certificate to his sons, namely, A.Dravid and A.Dharshan, stating that they belong to Hindu kattunayakan community had been rejected, as the petitioner ought to have submitted such an application before the appropriate authority, in Nagapattinam District, which is his native place.

It is noted that paragraph 3 of the Government Order, in G.O. (Ms). No. 61, Adi Dravidar and Tribal Welfare (ADW-10) Department, dated 4.4.2005, reads as follows:

In case of persons born, after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Caste/Scheduled Tribes status in the place of permanent abode, of their parents, at the time of notification of the Presidential Order, under which they claim to belong to such a caste/Tribe.

In such circumstances, we are of the considered view that if the petitioner shows that his parents are residing in Chennai, prior to the issuance of the Presidential Order in question, it would be open to the petitioner to make an application to the authority concerned, in Chennai, for the issuance of the community certificate, as prayed for by him. However, the petitioner has to produce sufficient documents in support of his claim.

It is also noted that the respondent, in his impugned order, dated 27.5.2013, has not given the reasons for refusing to grant the community certificate to the petitioner.

Taking into consideration the spirit of the Government Order, in G.O. (Ms). No. 61, Adi Dravidar and Tribal Welfare (ADW-10) Department, dated 4.4.2005, we find it appropriate to set aside the impugned order, dated 27.5.2013. The petitioner may submit his application, along with all the necessary and relevant documents, to the respondent, with regard to the relief prayed for by the petitioner, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such application, to be submitted by the petitioner, along with the necessary and relevant documents, the respondent shall consider the same, in view of the Government Order, in G.O. (Ms). No. 61, Adi Dravidar and Tribal Welfare (ADW-10) Department, dated 4.4.2005, and the other relevant Government Orders, if any, applicable to the case, and pass appropriate orders thereon, with regard to the relief prayed for by the petitioner, within a period of four weeks thereafter.

The writ petition is disposed of accordingly. No costs.