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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T.S. Sivagnanam, S. Ananthi, JJ.
A.Sunil Kumar - Petitioner
Versus
The District Collector Kanyakumari District Nagercoil and ors. – Respondents
W.P.(MD) No.901 of 2021 and W.M.P.(MD) No.759 of 2021
Decided On : 23-04-2021
Indian Penal Code, 1860 - Sections 294(b) and 506(i) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Hindu Sambavar community – Sings, recites or utters any obscene song, ballad or words, in or near any public place - Quash of Proceedings - The Paulraj threatened and abused petitioner and few others belonging to his community - Petitioner would state that one Paulraj, son of Muthan Nadar, has been harbouring vengeance against petitioner and he belongs to a majority community having property in locality and he had blocked a common pathway, which was used by people of petitioner's community and in this connection, petitioner had filed W.P.(MD) objecting to construction of compound wall by the said Paulraj by encroaching a common pathway Said writ petition was disposed of - Held, documents, which were produced by petitioner, more particularly, community certificate issued to petitioner certifying that he belongs to Hindu Sambavar community has not been denied or disputed by any of Authorities. Similarly, community certificate issued to petitioner's mother, wife of Ayyappan has also not been denied. Equally, community certificate issued to petitioner's brother Suresh, petitioner's service records certifying that he belongs to Hindu Sambavar community has also not been denied and earliest of document is transfer certificate of petitioner mentioning him as Hindu Sambavar community issued in the year 1993 – 1994. If such is factual position, there would be no ground for Authorities to deny for issuance of community certificate for petitioner's daughters certifying that they belong to Hindu Sambavar community - Admittedly, certificates issued to petitioner herein, his mother and brother are all valid, which show that they belong to Hindu Sambavar community. Therefore, petitioner's daughters are also entitled to their communal status being declared as Hindu Sambavar community, a Scheduled Caste community - Writ petition is allowed.
ORDER :
T.S.SIVAGNANAM , J.
The writ petition filed by one Mr.A.Sunil Kumar is for issuance of a writ of certiorarified mandamus to quash the proceedings of the District Collector, Kanyakumari District/first respondent, dated 16.10.2012 insofar as it relates to the petitioner's case and the proceedings dated 02.07.2017; proceedings of the Tahsildar, Vilavancode Taluk/third respondent, dated 14.06.2017 and the proceedings of the Revenue Divisional Officer, Padmanabhapuram Revenue Division/second respondent, dated 13.07.2018 and for a consequential direction upon the Tahsildar, Vilavancode Taluk/third respondent to issue community certificates to the petitioner's daughters, namely, Ms.Karthika and Ms.Snehamol.
2. The petitioner, at present, is working as a Driver in the Tamil Nadu State Transport Corporation. He belongs to Hindu Sambavar Community and stated to have been following Hindu religion and his parents are also Hindus by birth. The petitioner's wife, who hails from Kerala, also follows Hindu religion since 09.08.1991. Accordingly, the petitioner's two daughters are also following Hindu religion since their birth. It is further submitted that even though the petitioner's wife was Sambavar Christian by birth, later she was converted to Hinduism since 09.08.1991 as per the Conversion Certificate No.9103, issued by Aryasamaj, Trivandrum, which is also published in the Government Gazette of the Kerala Government. The petitioner states that he has been actively taking part in all activities and festivals conducted in Sri Mutharamman Kovil, Kuzhivilai. The petitioner's elder daughter was born on 01.05.2001 and the younger was born on 14.01.2003 and both are undergoing their schooling in M.M.K.M.High School, Varuthattu, Kanyakumari District.
3. The petitioner further states that a community certificate has been issued to him, his father, mother and brother and wife certifying that they belong to Scheduled Caste, his wife having been issued with community certificate from the Kerala Government, since she hails from the said State. Since the petitioner's daughters are undergoing their 9th Standard Schooling and they would require community certificate in the years to come for pursuing higher education, he filed an application dated 20.10.2016, to the third respondent for issuance of community certificate for his two daughters. Since the application was not considered, the petitioner filed W.P.(MD) No. 8680 of 2017 for a direction to the third respondent herein to issue community certificate to his daughters in accordance with the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. The said writ petition was disposed of by the Division Bench vide order dated 28.04.2017 directing the third respondent herein to consider the application submitted by the petitioner, dated 20.10.2016, for issuance of community certificate for his daughters, within a period of three weeks from the date of receipt of a copy of this order. Since the direction issued in the said writ petition was not complied with, within the time frame stipulated, the petitioner filed Cont.P. (MD) No.1223 of 2017. When the contempt petition was heard, the third respondent herein produced an order dated 14.06.2017 stating that the application submitted by the petitioner, dated 20.10.2016 has been rejected on the ground that the petitioner and his family members have converted to Christianity and that they are visiting Churches etc. On account of the said stand taken by the third respondent, the contempt petition was closed by order dated 09.08.2017. The petitioner would further state that the reason assigned by the third respondent for rejecting his application for grant of community certificate for his daughters is absolutely incorrect and an outcome of mala fides due to certain reasons.
4. The petitioner would state that one Paulraj, son of Muthan Nadar,
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