Madras High Court
M.Yasotha vs The District Collector on 8 June, 2022
W.P.No.17409 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.17409 of 2004
and
W.P.M.P.No.20676 of 2004
M.Yasotha ... Petitioner
Vs.
1.The District Collector,
Erode, Erode District.
2.The Revenue Divisional Officer,
Erode, Erode District.
3.The District Adi Dravidar & SC/ST Welfare Officer,
Erode, Erode District.
4.The Tahsildhar,
Erode, Erode District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, to call for the records of
the 2nd respondent in and by its proceedings in Na.Ka.No.10822/2003/A3
dated 22.01.2004, quash the same and consequently direct the 2nd
respondent to return the community certificate received from the petitioner.
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W.P.No.17409 of 2004
For Petitioner : Mrs.P.T.Ramadevi
For Respondents : Mr.A.Selvendran,
Special Government Pleader
ORDER
The subject matter of challenge in this writ petition pertains to the
proceedings of the 2nd respondent dated 22.01.2004, wherein the community
certificate that stood in the name of the petitioner as belonging to the
scheduled caste community, was cancelled.
2. The case of the petitioner is that she belong to Valluvan caste
which falls under the scheduled caste community. Further case of the
petitioner is that the status of the community as scheduled caste has been
enjoyed right from the period of her forefathers and she has all the relevant
documents to establish that she belongs to the scheduled caste community.
3. The grievance of the petitioner is that a complaint seems to have
been given as if the community of the petitioner falls under forward caste
and based on the same, the 2nd respondent proceeded to cancel the
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W.P.No.17409 of 2004
community certificate issued to the petitioner even without issuing notice.
Aggrieved by the same, the present writ petition has been filed before this
Court.
4. Heard Mrs.P.T.Ramadevi, learned counsel for the petitioner and
Mr.A.Selvendran, learned Special Government Pleader for the respondents.
5. In the considered view of this Court, the impugned order passed by
the 2nd respondent requires interference of this Court, mainly on two
grounds, first ground is that the order passed by the 2 nd respondent is
without jurisdiction and the second ground is that the order was passed
without affording any opportunity to the petitioner and hence it suffers from
violation of principles of natural Justice.
6. The Hon'ble Supreme Court in General Manager, Indian Bank
Vs. R.Rani and another reported in 2008 (1) MLJ 125 has categorically
held that where the community certificate is cancelled by an incompetent
Authority or a Committee as prescribed in Kumari Madhuri Patil's case,
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W.P.No.17409 of 2004
such cancellation of community certificate is not valid in the eye of law.
The Hon'ble Supreme Court took into consideration the fact that the
guidelines given in Kumari Madhuri Patil case was reiterated in several
judgments and it has become a binding precedent.
7. The Government of Tamil Nadu through G.O.Ms.No.38, dated
12.05.2017 has followed the judgment of the Hon'ble Supreme Court and in
compliance of the same, amended the earlier G.O.Ms.No.106 dated
15.10.2012 and insofar as the scheduled caste community is concerned, the
jurisdiction to conduct an enquiry and cancel the certificate is now been
vested with the District level Vigilance Committee.
8. As a result of the above discussion, this Court absolutely has no
hesitation to interfere with the impugned order passed by the 2nd respondent
and the same is hereby set aside. If really there is any doubt regarding the
status of the petitioner, necessary action can be taken as per the Government
Order referred supra after affording sufficient opportunity to the petitioner.
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W.P.No.17409 of 2004
9. This writ petition is accordingly allowed in the above terms. No
costs. Consequently, the connected miscellaneous petition is closed.
08.06.2022
Internet : Yes
Index : Yes/No
Speaking Order / Non Speaking Order
dsa
To
1.The District Collector,
Erode, Erode District.
2.The Revenue Divisional Officer,
Erode, Erode District.
3.The District Adi Dravidar & SC/ST Welfare Officer,
Erode, Erode District.
4.The Tahsildhar,
Erode, Erode District.
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W.P.No.17409 of 2004
N. ANAND VENKATESH, J.
dsa
W.P.No.17409 of 2004
08.06.2022
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