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Madras High CourtWP(MD)/9964/2019dismissed

C .Venkadesh v. The District Collector

2024-12-03Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C .Venkadesh ... Petitioner /Vs./

1. The District Collector Office of the District Collector, Tirunelveli District.

2. The Commissioner Social Welfare Department, No.1, Panagal Maligai Building 2nd Floor, (Near Kalaignar Arch) Jeenis Road, Saidapet, Chennai- 600 015

3. The District Social Welfare Officer, Social Welfare Office, The Collectorate, Tirunelveli District.

.. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, To issue a Writ of Certiorarified Mandamus, to call forth the records connected with the impugned order in Na.Ka.No.1467 Aa1 2018 dated 09.11.2018 on the file of the district social welfare officer, Thirunelveli, and quash the same as illegal and consequently direct the third respondent to provide the petitioner with the inter-caste marriage fund under the Dr. Muthulakshmi Reddy inaivu scheme, by considering the petitioner's representation dated 06.09.2018 in accordance with law. 1/5

For Petitioner : Mr.R.Alagumani For Respondents : Mr.D.Gandhi Raj Special Government Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the third respondent dated 09.11.2018, thereby rejected the request made by the petitioner, seeking to register his marriage under the inter-caste marriage.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner fell in love with one Jasmine Rani, D/o.John Kennedy and got married on 23.05.2013. The petitioner belongs to Hindu Scheduled Caste community and his wife originally belongs to Backward Class and subsequently, converted into Christian Religion. Therefore, she was issued Christian Adidravidar. 2/5

4. On verification of the records, it revealed that originally, the petitioner's wife belonged to Scheduled Caste community and subsequently converted into Christian Religion. Therefore, the request made by the petitioner was rejected by the third respondent.

5. The learned counsel for the petitioner would submit that before the marriage and before the petitioner's wife conversion into Christian, she belonged to backward community and subsequently, converted into Christian. He also perused the community certificate of her father.

6. On perusal of the community certificate, it revealed that there is absolutely no proof to show that her father belonged to backward community. That apart, it was issued as Christian Adidravidar, it means that before the conversion into Christian religion, the petitioner's father-in-law belonged to Adidravidar community and thereafter, he converted into Christian Religion. Therefore, the request made by the petitioner, seeking financial assistance for his inter-caste marriage, rightly rejected by the third respondent. This Court finds no infirmity or illegality in the order passed by the third respondent. 3/5

7. Hence, this Writ Petition is dismissed. No costs. 03.12.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-

1. The District Collector Office of the District Collector, Tirunelveli District.

2. The Commissioner Social Welfare Department, No.1, Panagal Maligai Building 2nd Floor, (Near Kalaignar Arch) Jeenis Road, Saidapet, Chennai- 600 015

3. The District Social Welfare Officer, Social Welfare Office, The Collectorate, Tirunelveli District.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

03.12.2024 5/5