A community certificate application cannot be rejected without conducting a proper and detailed enquiry into the factual claims of the applicant, particularly in cases involving re-conversion to Hinduism.

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the second respondent in O.Mu.4380-2018 A7 dated 08.06.2018, quash the same and consequently, direct the second respondent to issue the community certificate to the petitioner that he belongs to Hindu Parayan Community.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.)

Heard both sides.

2. The writ petitioner claimed that his forefathers belonged to Hindu Paraiyar Community and that they converted to Christianity. The petitioner re-converted to Hinduism on 20.06.2010. He thereafter applied for community certificate. The Tahsildar, Kumbakonam negatived the petitioner's request. Challenging the same, this writ petition came to be filed.

3. It is seen that no proper enquiry was conducted by the Tahsildar, Kumbakonam before rejecting the petitioner's request. The petitioner filed a typed set of papers and it is seen therefrom that Arya Samaj, Thanjavur oversaw the conversion of the writ petitioner from Christianity to Hinduism. Subsequently, the petitioner got married to a person who belongs to Hindu Vellalar Community. Two children were born through the wedlock and they have been named as S.R.Sri Natchiya and S.R.Eniyan Chokkanathar. The petitioner asserts that he follows the Hindu way of life. These are matters for enquiry. Without conducting proper enquiry, the Tahsildar, Kumbakonam could not have rejected the petitioner's request.

4. In this view of the matter, the impugned order is set aside. The matter is remitted to the file of the second respondent to conduct enquiry afresh and pass appropriate order on the petitioner's application. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The Writ Petition is allowed accordingly. No costs.