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2008 Supreme(AP) 127

Andhra Pradesh High Court
C.Y.SOMAYAJULU
A. Nagamani - Appellant
Versus
Government of A.P. Hyderabad, and others - Respondents
Writ Petition No.16269 of 2003
Decided on : 18-02-2008

Advocates:
Advocate Appeared
Counsel for petitioner: Mr. B. Nageswara Rao
Counsel for respondents: Mr. N. Radha Krishna Reddy

Headnote:(A) Matrimonial Laws – A woman, after her marriage, acquires caste and gotra of her husband. (Para 12, 13)

       (B) A.P. (SC, ST and BCs) Regulation of Issuance of Community Certificate Act, 1993 – Section 6 – Petitioner, a member of Kondadora Community, by virtue of her marriage with a person of Telage Caste, must be held to belong to Telage Caste. (Para 10)

ORDER

This writ petition relates to the validity of the caste certificate issued to the petitioner.

2. The case of the petitioner, as disclosed from the affidavit filed by her in support of the writ petition, is, her parents Palaka Ramaiah and Latchamma, who are of Kondakapu caste, which is a Scheduled Tribe, hail from Masanaputti Village of Burji Mandal and she was born to them on 13.05.1949 at Masanaputti. About three months after her birth, as her mother Lachamma expired, her father who was upset failed to take care of her and left her to herself, and so, Allada Jagannadham, who took care of her shifted her to Parvathipuram and admitted her in R.C.M. School, Parvathipuram, and got his name recorded as her father, and gave his caste as her caste, without knowing that she belongs to Scheduled Tribe Community. After she studied Second Standard, her natural father took her back to Masanaputti Village, her native place. But Allada Jagannadham, out of love and affection towards her used to come to Masanaputti Village to enquire about her welfare, and so she, with his cooperation, passed Matriculation examination in 1967, and so, the name of her father is shown as Jagannadham and his caste as her caste. Having come to know of that fact subsequently, she approached the then Tahsildar, Palakonda, and informed him with regard to the events that took place earlier in her life and applied for a caste certificate, whereupon the then Tahsildar, Palakonda, deputed the Mandal Revenue Inspector and got enquiries made at Masanaputti Village and basing on the report submitted by the then Mandal Revenue Inspector, the then Tahsildar, Palakonda, issued a Caste Certificate that she belongs to Mannadora Community, though she belongs to Konda Dora Community. Later, she was selected and appointed as Junior Assistant in the Office of the Superintendent Engineer, Vamsadhara Project, Srikakulam District. Subsequently, as her husband, who begot three daughters and two sons through her, was ill-treating her, she chose to stay separately from him and filed a case for maintenance against him in the Magistrate Court, wherein the Court awarded interim maintenance of Rs.250/- per month to her. So, her husband, bearing a grudge against her, gave a complaint alleging that she procured the job by producing a false certificate relating to her caste. So, the Revenue Divisional Officer, Srikakulam, basing on that complaint cancelled her caste certificate, and lodged a criminal case against her. Questioning the cancellation of the caste certificate, she filed W.P.No.4449 of 1988, which was disposed on 06.02.1997 with a direction to her to prefer an appeal before the Collector, Srikakulam. As she was convicted by the Criminal Court, she preferred an appeal questioning the said conviction, which was allowed and the case was remitted to the trial court with some directions. Thereafter, she was acquitted by the trial court. In connection with the appeal preferred by her to the Collector as per the orders in W.P.No.4449 of 1988, the District Tribal Welfare Officer visited Masanaputti Village and recorded the statements of Konda Gorri Sinkiah, Palaka Latchumu, Nimmaka Karuvaiah, Palaka Jammalu, who seem to have stated that she is the daughter of Palaka Ramaiah and Latchamma and belongs to Konda Dora Community. As Allada Jagannadharao, who fostered her, is no more, his wife Allada Chittamma was examined by the authorities at Parlakamidi, and though she seems to have stated that she is not her daughter, the District Collector, Srikakulam, (2nd respondent) without considering those statements and the observations in the appeal preferred by her questioning her conviction by the Criminal Court, cancelled her caste certificate. Questioning the said order, she preferred an appeal to the Government (1st respondent). As the same was dismissed on untenable grounds, when she filed a revision, she was informed that no revision is maintainable, she file

































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