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2014 Supreme(Mad) 815

D.HARIPARANTHAMAN
MU. Aariffaa – Appellant
Versus
Secretary to the Government – Respondent


Advocates Appeared:
For the Petitioner:M.V. Venkataseshan, Advocate.
For the Respondents:R1, R. Anandaraj, Government Advocate, RR2 to R4, C.N.G. Niraimathi for S.P. Maharajan, Standing Counsel, M. Ajmalkhan, Senior Counsel Appointed as Amicus Curiae.

JUDGMENT

1. An interesting question that arises for consideration is as to whether the petitioner, who originally belonged to Hindu Nadar community, which is admittedly classified as Backward Class, on conversion to Islam as Labbai Muslim, can continue to claim the status of Backward Class ?

2. The facts leading to the filing of this writ petition are as follows:

(i) The petitioner belonged to Hindu Nadar Community, a Backward Class Community, as notified by the Tamil Nadu Government. The same is not in dispute, i.e., she was born in Hindu Nadar Community. Her name was Visalakshi at that time. She was a Graduate in B.A. Tamil with first class from the Madurai Kamarajar University. She got married to one Mr.Baskar. Unfortunately, she became widow and left with four minor children by late Baskar. In those circumstances, the petitioner converted to Islam as Labbai Muslim on 05.07.2006 and she changed her name M.S.Barveen Rifana.

(ii) Later, she married one Mr.Y.Mohamed Saathick in 2006. She got a Community Certificate bearing No.9359241 in Sl.No.138/2010 dated 11.01.2010, issued by the Zonal Deputy Tahsildar, Thoothukudi, that she, being a Labbai Muslim, belongs to Backward Class as pe




























































































































































































































































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