(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the order of rejection passed in proceedings No.Na.Ka.A5/1490/2013, dated 30.1.2014, and quash the same and direct the respondent to issue community certificate to the petitioners children D.Sugasini and D.Sutharsini stating that they belong to Kattunayakan [ST] community, based upon the report submitted by the Tahsildar, dated 17.5.2006, 12.3.2013 and the community certificate already issued to his family members.)

M. Jaichandren, J.

1. Heard the learned counsels appearing on behalf of the parties concerned.

2. This Writ Petition has been filed challenging the order passed by the respondent, dated 30.1.2014, with regard to the issuance of a Community Certificate, as claimed by the petitioner.

3. According to the petitioner, he had requested the respondent to issue a Community Certificate to his children, namely, [1] D.Sugasini and [2] D.Sutharsini, stating that they belong to Kattunayakan, a Scheduled Tribe Community, based on the reports submitted by the Tahsildar, dated 17.5.2006 and 12.3.2013. He had further stated that the said Community Certificate has to be issued, as prayed for by the petitioner, as similar certificates had already been issued to some of his family members.

4. The respondent had passed the impugned order, dated 30.1.2014, stating that the petitioner ought to have made his application, for the issuance of the Community Certificate, to the Revenue Divisional Officer, Cuddalore, in which place the petitioner and his children are residing, at present. The respondent had further stated that the request made by the petitioner, for the issuance of the Community Certificates to his children, namely, [1] D.Sugasini and [2] D.Sutharsini, stating that they belong to Kattunayakan, a Scheduled Tribe Community, cannot be considered, as the petitioner is not in a position to substantiate his claim. It had been found by the 2nd respondent that the community of the petitioners children had not been mentioned in their School Transfer Certificates. Further, the original records relating to the issuance of the Community Certificate to his family members had been destroyed. In such circumstances, the respondent had refused to accept the claim of the petitioner for the issuance of the Community Certificate to his children, namely, [1] D.Sugasini and [2] D.Sutharsini, stating that they belong to Kattunayakan, a Scheduled Tribe Community.

5. The learned counsel appearing on behalf of the petitioner had submitted that, in spite of the fact that the Tahsildar concerned, had filed a report before the respondent stating that the petitioner and his children belong to Kattunayakan, a Scheduled Tribe Community, no proper reasons have been assigned by the respondent for refusing the claim of the petitioner. The learned counsel had further stated that the request of the petitioner cannot be rejected stating that the application should have been filed before the Revenue Divisional Officer, Cuddalore, in which place the petitioner and his children are presently residing. The learned counsel had stated that the findings of the respondent, in his impugned order, dated 30.1.2014, are liable to be set aside, as they are erroneous in nature. He had further stated that it would suffice, if the respondent is directed to cause an enquiry in the locality, in which the petitioner and his children are living and also to examine the claim made by the petitioner, in the light of the evidence available. He had further stated that the respondent may also be directed to give an opportunity of hearing to the petitioner before a final decision is arrived at.

6. The learned counsel appearing on behalf of the respondent has no objection for such an order being passed by this Court.

7. In such circumstances, the impugned order, dated 30.1.2014, is set aside. The respondent is directed to cause a local enquiry in the locality, in which the petitioner and his children are living, at present, and to examine the claim of the petitioner, in the light of the evidence available, for the purpose of issuance of the Community Certificate, as claimed by the petitioner. Based on the enquiry to be conducted by the respondent, the petitioner may be given an opportunity of hearing before a final decision is arrived at by the respondent. However, if the respondent comes to the conclusion that there are serious doubts about the claim made by the petitioner, then the matter may be referred to the State Level Scrutiny Committee, for further enquiry, and for taking a decision. The respondent shall cause an enquiry, as directed by this Court, and pass a final order, with regard to the claim made by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of, with the above directions. No costs.