Madras High Court
K.K.Sai Neeveetha vs The District ... on 4 July, 2022
W.P.(MD).No.21944 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.21944 of 2021
and
W.M.P(MD)No.18517 of 2021
K.K.Sai Neeveetha ... Petitioner
Vs.
1.The District Collector-cum-Chairman,
District Level Vigilance Committee,
Thiruchirapalli District.
2.The Tahsildar,
Thiruverumbur Taluk,
Thiruchirapalli District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order of rejection of the petitioner's
online application No.TN-52021071914890 dated 24.07.2021 on the file
of the second respondent and quash the same as illegal and direct the
second respondent to issue Hindu Scheduled Caste certificate to the
petitioner within a stipulated time.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21944 of 2021
For Petitioner : Mr.Karthik Kanna
For Respondents: Mr.S.P.Maharajan,
Special Government Pleader
ORDER
(Order of the Court was made by S.S.SUNDAR.J.,)
Heard Mr.Karthik Kanna, learned counsel for the petitioner and
Mr.S.P.Maharajan, learned Special Government Pleader for the
respondents.
2. This writ petition is filed for issuance of a Writ of
Certiorarified Mandammus, to quash the impugned order, dated
24.07.2022 passed in the online application on the file of the second
respondent and to direct the second respondent to issue Hindu Scheduled
Caste certificate to the petitioner, within a stipulated time.
3. The petitioner is an Engineering student completed her M.E.
She belongs to Scheduled Caste (Devendrakula Vellalar/Pallar)
community. Though the petitioner's biological parents belong to that
community, it is admitted by the petitioner that her parents are converted
Christians. Following the community and religion of the petitioner's
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W.P.(MD).No.21944 of 2021
parents, the petitioner was issued with 'BC' Christian Certificate.
However, it is the case of the petitioner that she was adopted by her
paternal aunt by name Arputha Mary. Though she is a Christian by birth,
it is stated that after getting married to a Hindu by name Kannan, she was
recognized by the people around her as a Hindu.
4. It is also the case of the petitioner that her biological father
Mr.Francis, Mrs.Selvarani and her foster mother Mrs.Arputha Mary, have
performed necessary rituals and legally converted her to Hinduism
through Sri Ramakrishna Sevashramam, Madurai. It is the further case
of the petitioner that she applied for SC Community Certificate as a
Hindu-Devendrakula Vellalar/Pallar. The application of the petitioner
was rejected on two occasions earlier as not recommended. Even
thereafter, a fresh application was submitted by the petitioner on
19.07.2021 seeking SC community certificate so as to get the benefits
available to the Hindu reconverted SC applicants and the same was also
rejected by giving the following reason that “the petitioner reconverted to
Hinduism only in the year 2019”. Challenging the same, the above writ
petition is filed.
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W.P.(MD).No.21944 of 2021
5. The learned counsel appearing for the petitioner submitted
that the impugned order of rejection is in violation of G.O.Ms.No.1 Adi
Dravidar and Tribal Welfare(CV-1) Department, dated 02.01.2009 and
contrary to the judgment of the Honourable Supreme Court of India in
case of K.P.Manu vs. Scrutiny Committee reported in 2015(4) SCC
Page 1 and many other similar cases.
6. Since the petitioner was brought up by her foster parents and
she is practising Hinduism for several years, the learned counsel for the
petitioner submitted that the reason for rejection is not sustainable. It is
also stated that the petitioner has married a Hindu and her marriage was
also performed by following the rituals of Hindus.
7. The learned Special Government Pleader on the other hand
relied upon the counter affidavit filed by the second respondent and
submitted that the petitioner cannot be treated as a person re-converted
into Hinduism as she is not practising Hindu Religion. In respect of her
adoption pleaded by the petitioner, the respondents submitted that the
reasons stated by the petitioner are not valid as the petitioner and her
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W.P.(MD).No.21944 of 2021
family members are not accepted by their community people.
8.This Court considered the rival submissions carefully.
9. It is not disputed that the petitioner belongs to Devendrakula
Vellalar community. As regards religion, it is the case of the petitioner
that her biological parents belong to Devendrakula Vellalar community
and they converted into Christianity. The petitioner further states that the
petitioner was given in adoption by her parents and her adopted mother
Arputha Mary brought up her as a person belonging to Devendrakula
Vellalar community practising Hindu lifestyle since her marriage. This
Court has no reason to believe or disbelieve the statement made by the
learned counsel regarding the religious status of the petitioner from the
mere statement. However, it is a matter for proper enquiry.
10. The learned Special Government Pleader submitted that the
grounds raised by the petitioner are all unfounded and that the petitioner
has to satisfy three tests namely the petitioner should be a child born to
Christian Scheduled Caste parents, who subsequently converted into
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W.P.(MD).No.21944 of 2021
Hinduism. It is further stated that only if they are accepted by their
community people as Hindus, the petitioner is entitled to get the
certificate.
11. From the factual background when we test the legality of
the order impugned in the writ petition, this Court is unable to find any
rhyme or reason to reject the application filed by the petitioner only on
the ground that the applicant has reconverted only in the year 2019.
Neither from G.O.Ms.No.1 dated 02.01.2009 nor any material produced,
this Court is unable to reconcile. Therefore, the impugned order is not
sustainable.
12. Accordingly, the writ petition is allowed and the impugned
order passed by the second respondent, dated 24.07.2022, is quashed.
However, liberty is given to the respondents to reconsider the application
filed by the petitioner afresh and after following the guidelines and
directions of the Government in various Government Orders. The
petitioner shall be given an opportunity of being heard before passing
final order. Fresh enquiry shall be conducted within a period of six
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W.P.(MD).No.21944 of 2021
weeks from the date of receipt of a copy of this order. After following
the principles of natural justice and considering the documents, final
order shall be passed within a period of twelve weeks from the date of
receipt of a copy of this order. The petitioner is expected to co-operate
with the enquiry and produce all the documents which are required by the
respondents while considering the application filed by the petitioner. No
Costs. Consequently, connected Miscellaneous Petition is closed.
[S.S.S.R.J.,] [S.S.Y.J.,]
04.07.2022
Index : Yes / No
Internet: Yes / No
pm
To:
1.The District Collector-cum-Chairman,
District Level Vigilance Committee,
Thiruchirapalli District.
2.The Tahsildar,
Thiruverumbur Taluk,
Thiruchirapalli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21944 of 2021
S.S. SUNDAR,J.,
and
S.SRIMATHY,J.,
pm
W.P.(MD).No.21944 of 2021
04.07.2022
https://www.mhc.tn.gov.in/judis
