High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE AR. LAKSHMANAN
S.Prabhavathi
Versus
The Revenue Divisional Officer, Thiruppathur, North Arcot District
Contempt Application No.243 of 1993
Decided On : 06-07-1993
The above Contempt Application has been filed to punish the respondent/Revenue Divisional Officer, Thiruppathur, North Arcot District, for committing contempt of orders of this Court dated 28. 1992 made in W.P.No.5570 of 1992. By that order, 1 set aside the order impugned in the writ petition passed by the respondent herein dated 110. 1991, by which the respondent herein has rejected the applicant’s request for the issue of community certificate on the basis of a secret enquiry conducted by him. This Court held that the respondent herein has no business to conduct a secret enquiry behind the back of the applicant and come to the conclusion that the applicant does not belong to Kurumans community. I further held that the procedure adopted by the respondent herein is not only illegal but also against the principles of natural justice. I also held that the applicant’s father and his brother have certificates to the effect that they belong to Kurumans community, that the applicant’s paternal uncle is also working in the Income-tax Department and that on the basis of the certificate possessed by the applicant’s maternal uncle, he is working in the Central Government. It is further observed by me in that order that this Court has taken the view that if a person’s close relatives have certificates that they belong to a particular community, that person should also be deemed to be belonging to the said community. I also referred to the judgment of a Division Bench of this Court in W.P.No.2428 of 1983 dated 8. 1984, the relevant portion of which is extracted in my judgment in W.P.No.5570 of 1992. Finally, I held that.taking into consideration that the applicant has come to this Court a number of times on the very same issue, a direction shall issue to the educational authorities to admit the applicant herein in the B.E. degree course in the next academic year provided the concerned authorities found that the applicant belongs to Kurumans community. Thereafter, the impugned order dated 212. 1992 was passed by the respondent herein by which again, on the basis of a secret enquiry, the respondent has rejected the request of the applicant for issue of community certificate. It is on this cause of action the above contempt application has been filed.
2. Notice was issued by me on 24. 1993 and the matter came up for hearing on 16. 1993. On that date, the respondent appeared before me and tried to explain his stand. I was not at all convinced with the explanation offered by the respondent. In my opinion, the respondent, by the impugned order, which is passed in disobedience of my order in W.P.No.5570 of 1992, has put the applicant to great prejudice and hardship. Even though the applicant has secured admission in Engineering College as early as 1991, she was not able to attend the course except for a short period of approximately two months. In my opinion, the applicant has produced enough materials before the respondent to show that she belongs to Kurumans community. The details of the materials are furnished in the applicant’s letter dated 110. 1992 to the respondent, which is at page 43 of the typed set of papers. The applicant along with that letter has submitted the community certificates of his uncle, uncle’s daughter, service roll of his uncle,commu-nity certificates of her uncles, brothers, applicant;s father, uncle, mother’s brother, sister, etc. Apart from this, she has also filed the enquiry report of the Revenue Divisional Officer, Thiruppathur, besides the sale deeds, title deeds and the judgment of the Madras High Court. Several other certificates more fully mentioned as item Nos.8 to 11 in that letter have also been furnished to the authority concerned. On the basis of this evidence, it cannot be disputed that the applicant belongs to Kurumans community.
3. It is also seen from the affidavit of the applicant filed in support of this application that the respondent has issued a notice to the applicant on 29. 1992 cal
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