N.Palanivel v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2019
CORAM:
THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.28931 of 2004 N.Palanivel ... Petitioner vs.
The Sub-Collector, Hosur, Dharmapuri District.
... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorarified mandamus, to call for the records of the Respondent relating to his proceedings vide Na.Ka.1787/04/A3, dated 09.09.2004, and quash the same as illegal and without jurisdiction, and further direct the Respondent to issue Kaattu Nayakan Community permanent Certificate.
For Petitioner :
Mr.I.Paranthaman For Respondent :
Mr.Akhil Akbar Ali, Government Advocate
O R D E R
(Order of the Court made by M.M.SUNDRESH,J.) The impugned order is challenged only on the ground that the place in which the Petitioner is residing should be the seat of enquiry. We do not find any merits in the said statement made.
2. The nature of enquiry would encompass verification of the place, in which the Petitioner's ancestors lived. After all, the object of the enquiry is to find out, trace the root of the Petitioner and find out his origin and background to identify his Community, which was in vogue at the relevant point of time. The Report of an Expert including that of an Anthropologist would be used, in such a situation alone.
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3.
Thus, we do not find any error in the order impugned in this Writ Petition. Hence, the Writ Petition is dismissed. However, the Petitioner is at liberty to approach the jurisdictional Revenue Divisional Officer, seeking issuance of Community Certificate. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar (aeb) To:
The Sub-Collector, Hosur, Dharmapuri District.
+1cc to Mr.I.Paranthaman , Advocate SR.No. 93493 +1 cc to Government Pleader Sr.No. 93757 W.P.No.28931 of 2004 A.SK(05/12/2019) https://hcservices.ecourts.gov.in/hcservices/