Madras High Court
N.Thirumurugan vs The Special Secretary-Cum-District ... on 5 July, 2016
Author: Huluvadi G. Ramesh
Bench: Huluvadi G.Ramesh, M.V.Muralidaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5.7.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.P.No.23012 of 2016
N.Thirumurugan Petitioner
Versus
1 The Special Secretary-Cum-District Collector
Office of the Collectorate Pondicherry.
2 The Thasildar
Thasildar Office Bahore Pondicherry.
3 The Officer on Special Duty
Electricity Department
Government of Pondicherry Pondicherry. Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 2nd respondent dated 05.02.2016 vide Proceeding No.2271/TOB/A3/2015 and quash the same and further direct respondents 1 and 2 to issue fresh Community Certificate for Adi Dravida (Scheduled Caste) to the petitioner on the basis of the earlier Community Certificates - Adi Dravida (Scheduled Caste) issued by the 2nd respondent in the name of the petitioner on 24.07.2000 and on 27.08.2002 so as to enable the petitioner to produce the same for his employment before the 3rd respondent in accordance to law.
For petitioner : Mr.B.Balavijayan
For Respondents : Mr.M.Govindaraj,
Government Pleader (Puducherry)
ORDER
(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.
2. The writ petition has been filed seeking issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 2nd respondent dated 05.02.2016 vide Proceeding No.2271/TOB/A3/2015 and quash the same and further direct respondents 1 and 2 to issue fresh Community Certificate for Adi Dravida (Scheduled Caste) to the petitioner on the basis of the earlier Community Certificates - Adi Dravida (Scheduled Caste) issued by the 2nd respondent in the name of the petitioner on 24.07.2000 and on 27.08.2002 so as to enable the petitioner to produce the same for his employment before the 3rd respondent in accordance to law.
3. The case of the petitioner is that he was earlier issued with community certificate in the year 2000 itself to the effect that he belongs to Adi Dravida - Scheduled Caste, but, subsequently, when he got selected for the post of Construction Helper by the third respondent, he was constrained to produce a fresh community certificate and hence, he approached the third respondent and having failed in his attempts to get the community certificate, he has filed the present writ petition.
4. The grievance of the petitioner is that he born to an one Nadaradjane of Vaniyar Community and Aravalli of Adi Dravida, who was also not legally wedded to Nadaradjane and his father also died even before the birth of the petitioner and hence, the petitioner was brought up only by his mother and he enjoyed the community status of Adi Dravida all along these years. Whileso, when he approached the authorities for issuance of community certificate afresh to enable him to produce to the third respondent where he got selected for the post of Construction Helper, he was denied the certificate by the authorities on the ground that only the status of the father had to be considered and not that of the mother for issuance of community certificate. According to the petitioner, the observation of the Apex Court in RAMESHBHAI DABHAI NAIKA v. STATE OF GUJARAT ((2012) 3 SCC 400) to the effect that by virtue of being the son of a forward caste father, he did not have any advantageous start in lift but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged and additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well, has not been adhered to by the second respondent while considering the case of the petitioner.
5. It is for the respondent-authorities to verify as to the proof of the petitioner's community certificate as to whether it belongs to Scheduled Caste, by holding an enquiry or by any other means in continuation of the earlier order. Therefore, such course of action shall be done by the respondent-authorities and appropriate orders shall be passed within a period of two months from the date of receipt of copy of this order. The writ petition is disposed of accordingly. No costs.
(H.G.R.,J.)(M.V.M.,J.)
Index:Yes/No 5.7.2016
Internet:Yes/No
ssk.
To:
1 The Special Secretary-Cum-District Collector
Office of the Collectorate Pondicherry.
2 The Thasildar
Thasildar Office Bahore Pondicherry.
3 The Officer on Special Duty
Electricity Department
Government of Pondicherry Pondicherry.
HULUVADI G. RAMESH, J.
AND
M.V.MURALIDARAN, J.
ssk.
W.P.No.23012 of 2016
5.7.2016.