(Made by S.J.MUKHOPADHAYA,J.) This writ petition has been preferred against the order contained in proceedings No.Na.Ka.6252/98/D dated 31.8.2000 issued by the Revenue Divisional Officer, Mettur Dam, Salem. By the said proceedings, the application of the petitioner for grant of community certificate in his favour has been rejected showing grounds therein.
2. As the case can be disposed of on a short point, it is not necessary to discuss all the facts except the relevant one.
3. The petitioner claims to be a member of the Konda Reddy Community (Scheduled Tribe) and filed an application on 4.11.1996 for issuance of a community certificate in his favour. He enclosed various documents in support of his claim and having not received any reply, filed a reminder on 13.1.1999. After more than 3= years, the respondent has finally issued the impugned order on 31.8.2000 rejecting the claim of the petitioner.
4. The learned counsel for the petitioner submitted that the impugned order is based on presumption and conjecture and has been passed without taking into consideration the relevant records, including the certificates produced by the petitioner.
5. The writ petition was filed in the year 2001 and more than eight years have been passed. But, till date, no counter affidavit has been filed. Therefore, learned Additional Government Pleader appearing for the State could not give any specific reply, except highlighting the grounds stated in the impugned order.
6. We have heard the learned counsel for the parties and perused the records.
7. It will be evident from the impugned order of rejection dated 31.8.2000 that the respondent started with presumption that there is no document in favour of the petitioner. With regard to the School certificate of the petitioner, it is stated in the certificate that the petitioner belongs to Konda Reddy, Scheduled Tribe, but there is no supporting document in his favour. So far as the community certificate of his brother is concerned, it is only stated that the certificate is under verification. No reference has been given to any other certificate, including the certificate of the petitioner's father or mother or uncle, which were filed by the petitioner.
8. From the records, it appears that the father of the petitioner was granted with community certificate on 25.10.1974 by Tahsildar, Mettur stating that he belongs to Konda Reddy community, which is classified as Scheduled Tribe. Similar certificate was issued in favour of the mother of the petitioner on 18.2.1975 by the Tahsildar, Mettur, wherein, it was stated that she belongs to Konda Reddy community, which is classified as a Scheduled Tribe. The certificate granted to the petitioner's uncle Mr.S.Ravichandran also shows that he belongs to Konda Reddy Community, which is classified as Scheduled Tribe. All those documents, apart from the brother's certificate, which are available to show that the petitioner belongs to Konda Reddy Community, but for the reasons best known to the respondent/Revenue Divisional Officer, Mettur Dam, Salem, they were not taken into consideration.
9. It further appears that in the order of rejection, it has been stated that in the birth certificate, it has not been mentioned that the petitioner belongs to Konda Reddy Community (ST). It is not clear, under which provision in the birth certificate, a person is supposed to mention the caste or community of the newly born child.
10. In the present case, as we find that the Revenue Divisional Officer, Mettur Dam, Salem District has issued an order on presumption and conjecture and has failed to take into consideration the community certificate of the parent, including the petitioner, we have no other option but to set aside such order.
11. We may mention that the learned counsel for the petitioner has brought to our notice that in the case of the brother of the petitioner C.V.Manivannan, similar stand was taken by the respondent in W.P.No.14321 of 1995 and this Court, by order dated 25.7.1996, directed the respondents to issue a community certificate to the brother of the petitioner.
12. In the facts and circumstances, we set aside the impugned order dated 31.8.2000 and remit the case to the respondent/Revenue Divisional Officer, Mettur Dam, Salem District for reconsideration. The petitioner will produce a copy of each of the community certificate of his parents (father and mother), uncle and brother and also the order passed by this Court on 25.7.1996 in W.P.No.14321 of 1995. The Revenue Divisional Officer, Mettur Dam, Salem District, after taking into consideration all the evidence, as may be placed by the petitioner and making an enquiry, shall pass appropriate order within two months from the date of receipt of such copies of certificate, along with a copy of this order.
13. We may observe that if the brother of the petitioner has been issued the certificate pursuant to the order of the Court, the respondent cannot disbelieve such community certificate.
The writ petition is allowed with the aforesaid observation. There shall be no order as to costs. WPMP No.13757 of 2005 is closed.
kpl To The Revenue Divisional Officer Mettur Dam, Salem District