Madras High Court
S.Thamizharasan vs Union Of India Represented By on 19 September, 2023
W.P.No.25200 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.25200 of 2023
and
W.M.P.No.24616 of 2023
S.Thamizharasan
S/o Sengeni ... Petitioner
vs
1. Union of India represented by
The District Magistrate cum District Collector,
Office of the District Collector,
Government of Puducherry,
First Floor, New Collectorate Building,
Vazudavoor Road, Pettaiyanchathiram,
Puducherry - 605 009.
2. The Deputy Collector (Revenue) North,
Office of the deputy Collector (Revenue) North,
Government of Puducherry,
Collectorate Building, Vazudavoor Road,
Pettaiyanchathiram, Puducherry - 605 009.
3. The Tahsildar,
Department of Revenue and Disaster Management,
Government of Puducherry, Taluk Office,
Oulgaret, Puducherry. ..Respondents
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W.P.No.25200 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records relating to
impugned i) Order vide No.7950/DC(R)N/A2.CV/2022/763 dated
22.03.2023 passed by the 2nd respondent namely the Deputy Collector
(Revenue) North, Government of Puducherry, which confirming the ii)
Order vide No.5930/TOO/A/Caste/2022 dated 10.10.2022 passed by the 3rd
respondent namely the Tahsildar, Taluk Office, Oulgaret and Quash and set
aside the same and consequently direct the respondents to issue fresh
Community Certificate to the petitioner indicating as petitioner belongs to
Hindu Valluvan Caste/Community which recognised as "Schedule Caste" in
Union Territory of Puducherry as per the Constitution (Pondicherry)
Schedule Castes Order, 1964 based on the previous community certificates
issued by the respondents to the petitioner and his family members on
various dates/occasions i.e., 31-07-2022, 18-02-2003, 25-06-2021 &
13.07.2021 and other documents enclosed along with Application Form and
also to issue fresh Nativity and Residence Certificate to the petitioner
forthwith without any further delay.
2/15
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W.P.No.25200 of 2023
For Petitioner : Mr.E.Anbarasan
For Respondents : Mr.J.Kumaran
Govt.Pleader (Pondy)
ORDER
(The Order of the Court was made by J.Nisha Banu,J.)
This Writ Petition has been filed challenging the Order dated
22.03.2023 passed by the 2nd respondent, confirming the Order dated
10.10.2022 passed by the 3rd respondent and consequently, direct the
respondents to issue fresh Community Certificate to the petitioner indicating
that he belongs to Hindu Valluvan Caste/Community which is recognized as
"Schedule Caste" in Union Territory of Puducherry as per the Constitution
(Pondicherry) Schedule Castes Order, 1964 based on the previous
community certificates issued by the respondents to the petitioner and his
family members on various dates/occasions i.e., 31-07-2022, 18-02-2003,
25-06-2021 & 13-07-2021 and other documents enclosed along with
Application Form and also to issue fresh Nativity and Residence Certificate
to the petitioner forthwith without any further delay.
2. (i) The case of the petitioner is that he was born on 20.11.2004 and
his birth was registered before the competent authority viz., Oulgaret
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W.P.No.25200 of 2023
Municipality on 30.11.2004. His parents are Sengeni (father) and Santhi
(Mother). His father T.Sengeni S/o Thangarasu is the permanent resident of
Sanarapet, Puducherry, who belongs to Hindu religion and Valluvan
Caste/Community which is recognised as 'Scheduled Caste' in Union
Territory of Puducherry as per the Constitution (Scheduled castes) orders
(Second Amendment) Act, 2002 as his grandfather (father's father)
Mr.Thangarasu S/o Couttane was also the resident of Puducherry and
belongs to Hindu Valluvan Caste/community which is recognised as
'Scheduled caste' in Puducherry.
ii) Further, the petitioner's grandfather (father's father) Mr.Thangarasu
S/o Couttane was allotted 0-00-90 (HAC) of land in Cadastre No.948,
Sanarapet Revenue village, Oulgaret, Puducherry under Harijan (SC) quota
by the then French Government Municipal service Oulgaret commune on
22.06.1955 vide circular No.2249, A.P/3 of April 1965 of High
Commissioner of Pondicherry State. The petitioner, his father, grandfather,
great grandfather all belong to Hindu religion and Valluvan caste and living
in Puducherry for generation together. Apart from that, on 03.03.1988, the
SC Welfare Department, Government of Puducherry has also issued Identity
card vide Serial No.56 to the petitioner's grandfather(father's father)
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W.P.No.25200 of 2023
Mr.Thangarasu S/o Couttane, composing family details of his grandfather,
indicating that they are all belongs to Hindu-Valluvan caste/Community,
which is Scheduled Caste/Community in Puducherry. The petitioner had
been awarded scholarship throughout his educational career every year
treating him as Hindu-Valluvan Scheduled caste (SC) community. His
school records viz., Transfer Certificate, Conduct Certificate would reveal
that he is Hindu-Valluvan caste which is recognized as SC community. The
petitioner's father was issued with community certificate stating that he
belongs to Hindu-Valluvan Schedule caste by the Deputy Tahsildar, Taluk
Office Puducherry. Similarly, the petitioner's father's sister Patcheamma,
was also issued with Schedule caste community certificate stating that she
belongs to Hindu-Valluvan community by the said Deputy Tahsildar on
31.07.2022 in pursuance to the order passed by this Court in W.P.No.22202
of 2002. Further, recently the petitioner was issued with SC community
certificate indicating that he belongs to Hindu-Valluvan Community
recognised as SC community in Union Territory on 25.06.2021 vide
Certificate No.P21CC448844. Similarly, the petitioner's sister, Arthy was
also issued with SC community certificate on 13.07.2021. Since, for getting
admission in Collegiate Education, the petitioner had to submit fresh
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W.P.No.25200 of 2023
community certificate not later than one year along with application form, he
submitted application on 06.07.2022 for issuance of fresh community
certificate indicating that he belongs to Hindu-Valluvan Caste which is
recognised as Schedule Caste community based on the previous community
certificates issued to the petitioner and his family members. But without
issuing community certificate, the respondents made the petitioner to run
from pillar to post for more than a month.
(iii) Subsequently, in the month of August, 2022, the respondents
asked the petitioner to submit a fresh application. Therefore, the petitioner
submitted another application on 10.08.2022 in Application
PBPRD000583544 for issuance of fresh community certificate along with
necessary documents. Even thereafter, the respondent did not issue
community certificate. Therefore, he filed a writ petition in W.P.No.22793 of
2022 and this Court passed an order on 30.08.2022 directing the respondent
to hold an enquiry and issue community certificate. All of a sudden, on
10.10.2022, the 3rd respondent issued the impugned order rejecting the
application of the petitioner for issuance of community certificate.
Aggrieved against the same, the petitioner preferred an appeal before the
2nd respondent. But without properly appreciating the documents submitted
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W.P.No.25200 of 2023
by the petitioner, the 2nd respondent passed the impugned order dated
22.03.2023, dismissing the appeal filed by him confirming the order passed
by the 3rd respondent dated 10.10.2022. Hence, the present writ petition is
filed challenging the two impugned orders passed by the 2nd and 3rd
respondents.
3. Learned counsel for the petitioner would submit that the respondent
had rejected the application submitted by the petitioner based on oral
enquiry report of the VAO, Revenue Inspector and Deputy Tahsildar but
neither the enquiry report of those officials nor the statement made by the
persons with whom they enquired about the community of petitioner was
furnished to the petitioner which is total violation of principles of natural
justice. He would further submit that the petitioner's grandfather (father's
father) Mr.Thangarasu S/o Couttane was allotted 0-00-90 (HAC) of land in
Cadastre No.948, Sanarapet Revenue village, Oulgaret, Puducherry under
Harijan (SC) quota by the then French Government Municipal service
Oulgaret commune on 22.06.1955 vide circular No.2249, A.P/3 of April
1965 of High Commissioner of Pondicherry State. The petitioner, his father,
grandfather, great grandfather all belong to Hindu by religion and belongs to
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W.P.No.25200 of 2023
Valluvan caste and living in Puducherry for generation together. The
impugned order was passed solely based on one solitary document namely
French Birth Certificate of one Kesavan who happened to be a brother of the
petitioner's father wherein it was mentioned that he is “climber of palm
trees' by profession which is illegal and arbitrary. Nowhere in the said
document, it is mentioned as 'climber of palm trees'. It is only mentioned as
“He is Tree/Wood Cutter” by profession. There is vast difference between
'climber of palm trees' and 'Tree/Wood Cutter'. The impugned order was
passed purely on misconception and misinterpretation of profession.
However, the family members of the said Kesavan were issued with SC
community certificate and they are enjoying the benefits available to SC
community. The petitioner's father, Sengeni S/o Thangarasu and the
petitioner's father's sister Patcheamma, D/o Thangarasu were also issued
with Scheduled Caste community certificate by the Deputy Tahsildar, Taluk
Office Pondicherry on 18.02.2003 and 24.06.2002 respectively. The
impugned order was passed on filmsy reason by completely overlooking the
documents produced by the petitioner.
4. Per contra, the learned Government Pleader (Pondy) appearing for
the respondents relying on paragraph No.5 of the counter affidavit and
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W.P.No.25200 of 2023
would state that the Village Administrative Officer of Thattanchavady
Revenue Village, upon conduct of a thorough field enquiry has reported that
the petitioner's father actually belongs to Hindu-Gramani, which is “Other
Backward Class” but the petitioner's paternal grandfather, his uncle's/aunts
have managed to obtain “Scheduled Caste Certificate” with sub-caste as
Hindu-Valluvan by suppressing the fact that they actually belong to Hindu-
Gramani. The village where the petitioner actually residing is used to be
called as “Sanars/Nadars' and the main occupation of this community is tree
climbing to collect Toddy and to harvest coconuts. The majority of the
people belonging to Sanar/Gramini residing in the said locality have
mischievously registered as their caste as 'Scheduled Caste (Valluvan)” in
the records available at that time viz., school records etc. only to enjoy the
benefits that was extended to Scheduled caste people. He would also refer to
paragraph No.9 of the counter affidavit and would state that the French birth
certificates that were issued in previous times used to mention the
occupation of the child's father and mother and in the instant case also, the
petitioner's great grandfather Manickam's has been mentioned as 'Tree
Climber' which is the occupation/profession of Gramini/Sanar/Nadar
community, which is recognized as 'Other Backward Class' and as such, the
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W.P.No.25200 of 2023
petitioner cannot be issued with Valluvan Certificate as falsely claimed by
him.
5. Heard the learned counsel for the petitioner, the Learned
Government Pleader (Pondicherry) appearing for the respondents and
perused the materials available on record.
6. It is seen from the documents that the petitioner's grandfather,
Mr.Thangarasu S/o Couttane was allotted 0-00-90 (HAC) of land in
Cadastre No.948, Sanarapet Revenue Village, Oulgaret, Puducherry under
Harijan (SC) Quota by the then French Government Municipal Service
Oulgaret Commune on 22.06.1955 vide Circular No.2249, A.P./3 of
April,1965 of High Commissioner of Pondicherry. Further, the Scheduled
Caste Welfare Department, Government Puducherry had issued Identity
Card to the petitioner's grandfather Mr.Thangrasu S/o Couttane. The
petitioner's father was issued with Scheduled Caste community certificate by
the Deputy Tahsildar, Taluk Office Puducherry on 18.02.2003 and the
petitioner's paternal aunt Patchaeamma, S/o Thangarasu was also issued
with Scheduled Caste community certificate by the Tahsildar, Taluk office
Puducherry. Moreover, the impugned order was passed solely based on the
solitary document namely, French Birth Certificate of one Kesavan, the
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W.P.No.25200 of 2023
brother of the petitioner's father but the family members of the said Kesavan
were issued with SC community certificate and they are enjoying the
benefits available to Scheduled Caste community. The contention of the
learned counsel appearing for the respondent that the French birth
certificates that were issued in previous times used to mention the
occupation of the child's father and mother and in the instant case, the
petitioner's great grandfather Manickam's has been mentioned as 'Tree
Climber' which is the occupation/profession of Gramini/Sanar/Nadar
community, which is recognized as 'Other Backward Class' and as such, the
petitioner cannot be issued with Valluvan Certificate, cannot be
countenanced. The petitioner's father and the petitioner's paternal aunt were
issued with Schedule Caste certificate on 18.02.2003 and 24.06.2002
respectively by the Deputy Tahsildar and Tahsildar of Taluk Office
Pondicherry, respectively and recently, the petitioner and his sister, Arthy
were also issued with SC community certificate i.e., on 25.06.2021 and
13.07.2021 respectively. The community certificates issued to them are not
cancelled and they are still in force. Therefore, we are of the opinion that the
authorities cannot reject the claim of the petitioner for issuance of fresh SC
community certificate to the petitioner. Useful reference can be made to the
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W.P.No.25200 of 2023
judgment of the Hon'ble Supreme Court reported in 2005(12) SCC 248
(State of Bihar & others v. Sumit Anand) wherein the Hon'ble Supreme
Court at paragraph No.6 held as follows:
"6. We have perused the findings recorded by the
Division Bench as well as the Single Judge of the High Court.
In view of the fact that the respondent's father, grandfather,
mother and maternal uncle had all been granted the
certificate certifying that they belong to the "Gond"
community, we see no reason to come to a conclusion other
than the one arrived at by the High Court to the effect that the
respondent was entitled to issuance of the caste certificate."
7. Learned counsel for the respondents produced an undated
instruction issued by the Tahsildar, Taluk Office, Oulgaret and submitted
that action is being taken for the cancellation of the father's certificate before
the District Committee. As the communication only states that steps are
being taken and not that the steps are already taken, we are not inclined to
countenance the submission made by the learned counsel for the
respondents. The fact remains that as of now, the community certificate
issued to the father and the paternal aunt of the petitioner is valid and it is
not cancelled.
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W.P.No.25200 of 2023
8. In view of the above, the Writ Petition is allowed. The impugned
order passed by the 2nd respondent dated 22.03.2023 confirming the order
passed by the 3rd respondent dated 10.10.2022, are hereby set aside. The
respondents are directed to issue fresh community certificate to the petitioner
that he belongs to Hindu Valluvan Caste which is recognised as "Schedule
Caste" community in Union Territory of Puducherry and also issue fresh
Nativity and Residence Certificates to the petitioner within a period of two
weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petition is closed.
(J.N.B.,J.) (N.M.,J.)
19.09.2023
Index:Yes/No
Speaking/Non-speaking order
vsi
Note: Issue order copy before 06.10.2023
To
1. Union of India represented by
The District Magistrate cum District Collector,
Office of the District Collector,
Government of Puducherry,
First Floor, New Collectorate Building,
Vazudavoor Road, Pettaiyanchathiram,
Puducherry - 605 009.
2. The Deputy Collector (Revenue) North,
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W.P.No.25200 of 2023
Office of the deputy Collector (Revenue) North,
Government of Puducherry,
Collectorate Building, Vazudavoor Road,
Pettaiyanchathiram, Puducherry - 605 009.
3. The Tahsildar,
Department of Revenue and Disaster Management,
Government of Puducherry, Taluk Office,
Oulgaret, Puducherry.
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W.P.No.25200 of 2023
J.NISHA BANU,J.
and
N.MALA,J.
vsi
W.P.No.25200 of 2023
19.09.2023
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