Indian Kanoon - Search engine for Indian Law

7. A similar question came up for consideration before Honourable Supreme Court in the decision reported in State of Tamil Nadu and Ors. v. Gurusamy . That is a case where a community certificate was cancelled which was challenged in the civil court. Plaintiff in that case wanted to get a declaration that he belongs to Kattunaicken community a scheduled tribe. The declaration was granted by the trial court and the appellate court confirmed the same. Second appeal was also dismissed. The same was challenged by the State in S.L.P. before the Honourable Supreme Court, In the said judgment their Lordships held thus, The only question is whether the suit is maintainable. By operation of Section 9 of C.P.C. a suit of civil nature cognizance of which is expressly or by implication excluded, cannot be tried by any civil court. The declaration of the President of India, under Articles 341 and 342 of the Constitution, with respect of lists of the scheduled castes and scheduled tribes in relation to a State, that a particular caste or tribe as defined in Article 366(24) or (25) respectively, is conclusive subject to an amendment by Parliament under Articles 341(2) and 342(2) of the Constitution. By necessary implication, the jurisdiction of the civil court to take cognizance of and give a declaration stands prohibited....