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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA
S. Durairaj – Appellant
Versus
Secretary, Tamil Nadu State Level Scrutiny Committee II, Chennai – Respondent
| Table of Content |
|---|
| 1. historical family community certificates and judicial validations upheld. (Para 2 , 4) |
| 2. rival contentions on certificate genuineness and vigilance report. (Para 6 , 7) |
| 3. family status and final civil decrees bind community claim. (Para 10 , 11 , 12) |
| 4. executive cannot override judicial finality; res judicata applies. (Para 13 , 14) |
| 5. scrutiny order vitiated; petition allowed, order set aside. (Para 16 , 17 , 18) |
ORDER :
1. The petitioner challenges the order dated 29.08.2022 passed by the first respondent cancelling the writ petitioner’s community certificate on the ground that it is not genuine. The stand of the petitioner is that he belongs to Hindu Kattunayakan community which is a notified Scheduled Tribe.
2. The writ petitioner’s father, R.Subban, was issued with a community certificate by the competent authority as early as on 07.11.1967 certifying that he belonged to Hindu Kattunayakan community. The petitioner’s father’s certificate was never cancelled and continued to hold good till his demise. In the year 1989, the Government of Tamil Nadu issued a G.O. stating that with effect from 01.11.1989, it is only the Revenue Divisional Officer who is competent to
The State Level Scrutiny Committee has the authority to scrutinize community certificates and make decisions based on evidence. The court will not interfere with the Committee's decision unless there....
The court emphasized the importance of following the guidelines for verification of Scheduled Tribe community certificates and upheld the impugned order based on the findings of the Vigilance Committ....
The central legal point established in the judgment is the entitlement of children to a community certificate based on the genuine certificate of their parents or family members, emphasizing the resp....
The main legal point established in this judgment is that the State Level Scrutiny Committee must follow the proper procedure for verification of community certificates, including providing an opport....
The court reaffirms the validity of community certificates for issuing new certificates when prior valid documents exist.
Repeated verification of community certificates for employees appointed before 1996 is impermissible unless fraud or procedural irregularities are established.
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