S.Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.2 of 2015 1.S.Selvam 2.Jeya Rakkini 3.Ruby ... Petitioners Vs.

1.The District Collector, O/o. the District Collector, Tiruchirappalli District.

2.The Sub Collector, Lalgudi, Tiruchirappalli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Ceriorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent in Na.Ka.A.2.2235-2014 dated 13.03.2015 order and quash the same as illegal and consequently direct the respondents to permit the petitioners to continue to reside in their patta houses in Sy.No.140/50, 1/4

140/51, 140/32 at Kamarajapuram Village, Valaiyoor Panchayat, Mancahanallur Taluk, Tiruchirappalli District. For Petitioners : No appearance For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader.

ORDER

None appears for the writ petitioners.

2.The petitioners were originally granted assignment pattas in S.No.140/2B in Valaiyoor Village. The land had been earmarked as Adi Dravidar natham. Complaints were received from Subhas Chandra Bose, S/o.Veeran that assignment orders had been illegally issued in favour of persons who had converted to Christianity and who have seized to be Adi Dravidar person. Enquiry was conducted. After satisfying himself that the petitioners have converted to Christianity, their assignment orders were cancelled by the impugned proceedings dated 13.03.2015. Challenging the same, the present writ petition came to be filed. 2/4

3.I went through the contents of the affidavit filed in support of the writ petition. As rightly pointed out by the learned Additional Government Pleader, the land had been earmarked as Adi Dravidar natham. It is meant for the persons belonging to schedule caste community. It is well settled that once a person has converted from Hinduism to Christianity, he / she can be considered only under backward class category. He / she can no longer claim the status of a scheduled caste. Therefore, the order impugned in this writ petition was rightly passed and it does not warrant interference. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

05.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, O/o. the District Collector, Tiruchirappalli District.

2.The Sub Collector, Lalgudi, Tiruchirappalli District.

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G.R.SWAMINATHAN, J.

ias 05.09.2023 4/4