IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
S.Durairaj – Appellant
Versus
The Secretary, The Tamil Nadu State Level Scrutiny Committee II, Adi Dravidar and Tribal Welfare Department – 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) |
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 issue comm
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