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Showing contexts for: kurichchan in M. Narayana vs The Sub Collector on 17 February, 2015Matching Fragments
Both these writ petitions are filed praying for issuance of a writ of certiorari mandamus to call for the records relating the order of rejection passed in proceedings in Na. Ka. No: 2310/2013 (A4) and 2311/2013 (A4) dated 19.07.2013 on the file of the respondents, quash the same and direct the respondents to issue community certificate to the 2nd and 3rd petitioners in W.P.No: 24717 of 2013 and to the petitioner's sons in W.P. No:24718 of 2013 that they belong to Kurichchan (ST) Community based upon the community certificate already issued to their close relatives. Since the issue involved in both the writ petitions are one and the same, they are taken up together for disposal.
2. Heard Mr. S. Doraisamy learned counsel appearing for the petitioners and Mr. R. Rajeswaran learned Special Government Pleader appearing for the respondents.
3. Challenge has been made to the order of the Revenue Sub Collector, Hosur, Krishnagiri District, wherein for the claim of the petitioners for issuance of Kurichchan (ST) Community certificate, the Sub Collector has taken a decision to reject the same on the ground that the documents relied on by the petitioners as to the relatives as well as the other documents are issued by the Deputy Tahsildar and therefore, there is no conclusive proof to determine and issue community certificate to the petitioners.
4. The petitioner in W.P. No: 24717 of 2013 was working as a teacher in the Panchayat Union School and retired from service as Head Master on 31.05.2004. In all his school records as well as in his service register, his community is entered as Kurichchan. The second petitioner and the third petitioner are the daughter and son of the 1st petitioner respectively. The first petitioner applied for issuance of community certificate to the 2nd and 3rd petitioner on 11.10.2010. Along with the application, he has enclosed the following documents, namely,
Since no orders were passed on the application submitted by the petitioners, they approached this Court in W.P. No: 17598 of 2013 in which notice was issued on 19.07.2013. However, the respondents passed an order on 19.07.2013 rejecting the petitioner's application by holding that they do not belong to Kurichchan community but belong to Kunjidigar community. Challenging the said order petitioners are before this Court.
5. The case of the petitioner in W.P. No: 24718 of 2013 is that she is a native of Medumuthukotta Village and she got married to one Prakash and is residing in Chinnatti Village in Denkanikotta Taluk, Krishnagiri District. According to her she belong to Kurichchan (ST) Community and her husband also belongs to the very same community. Petitioner and her husband did not obtain community certificates for them as it was not required at that time. But in their school records, their community is entered as Kurichchan. They have two sons viz. P. Bharath ( 17 years) and P.Saiyaswanth ( 14 years) and in their school records also their community is entered as Kurichchan. Since the school authorities insister for production of community certificate, petitioner's husband submitted an application to the respondents on 06.12.2010 requesting for issuance of community certificate to their children. Along with the application, he has enclosed the following documents, namely,