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1997 Supreme(SC) 277

G.T.NANAVATI, K.RAMASWAMY
State Of T. N. – Appellant
Versus
A. Gurusamy – Respondent


ORDER

Leave granted. We have heard learned counsel for both the parties.

2. This appeal by special leave arises from the judgment of the single Judge of the Madras High Court, made on 23.2.1996 dismissing S.A. No. 228/96 on the ground that the declaration granted by the Courts below was a concurrent finding of fact. Admittedly, when the respondent was studying in the school, he was described as a member of Thotti community. The Presidential notification issued under Article 341(1) of the Constitution read with Article 366(24) of the Constitution notifies Thotti to be a Scheduled Caste as Item No. 67 of the Presidential notification. Subsequently, in 1970, the respondent had obtained a certificate from the Revenue Divisional Officer indicating him to be Kattunaicken as Item No. 9 of the list of the Scheduled Tribes in the State of Tamil Nadu issued by the President under Article 342(1) read with Article 366(25) of the Constitution. Subsequently, he had applied for permanent certificate. On that basis, an enquiry was conducted and it was found that the respondent was not a Scheduled Tribe but is a Scheduled Caste. Accordingly, the certificate came to be cancelled. Impugning the s




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