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2010 Supreme(Mad) 21

R.BANUMATHI, M.M.SUNDRESH
The Tahsildar,Taluk Office & Others – Appellant
Versus
Arivudai Senthil & Others – Respondent


Advocates Appeared:
For the Petitioners: M. Dhandapani, Special Government Pleader.
For the Respondents:------

Judgment :-

M.M. SUNDRESH, J.

This writ appeal has been filed by the appellants being aggrieved against the order passed by the learned single Judge in allowing the writ petition filed by the respondents.

2. The brief facts of the case in a nutshell are as follows:-

The respondents are the children of one B.Eraiyarasan and Kamalam. Eraiyarasan belongs to Sozhiya Vellala Community and his wife Kamalam belonged to Vanniya Kula Kshatriya Community. Hence, the marriage between the parents of the respondents was an inter caste marriage. At the time of marriage, both the community of the parents of the respondents were Backward Class community. However, the community of the mother of the respondents was subsequently classified as Most Backward Class Community.

3. The sixth appellant herein has passed the Government Order in G.O.Ms.No.477, Social Welfare Department, dated 27.6.1975, whereby the children born out of inter-caste marriages have been considered to belong to either the community of the father or the mother, according to the way of life, in which they are brought up. The parents of the children are also directed to file a declaration to that effect that they have been brought










































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