1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Writ Petition (MD) No.7483 of 2011 V.Lakshmanan S/o.V.Kasi Kattunayakkan colony Street Puttur, Rajapalayam Taluk Virudhunagar District. ... Petitioner vs. 1.The District Collector Virudhunagar District, Virudhunagar. 2.The Revenue Divisional Officer, Sivakasi Division, Sivakasi, Virudhunagar District. 3.The Tahsildar, Rajapalayam Taluk Virudhunagar District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents to grant community certificate to the petitioner by stating that he belongs to Kattunayakkan community, which is classified as Scheduled Tribe. For Petitioner .. Mr.K.Samidurai For Respondent .. Mr.Ayiram K.Selvakumar Government Advocate O R D E R (Order of the Court was made by P.JYOTHIMANI, J.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate for the respondents. By consent, the writ petition is taken up for final disposal. 2. The writ petitioner is stated to belong to Kattunayakkan community, which is classified as scheduled tribe. The present writ petition is filed for a direction against the respondents to issue community certificate indicating his community as 'Kattunayakkan community' classified as Scheduled Tribe Community. The petitioner also made a representation on 30.06.2011 to the respondents. 3. The learned Government Advocate would submit that even though the petitioner originally belonged to Tirunelveli District, he is now https://hcservices.ecourts.gov.in/hcservices/ 2 residing in Virudhunagar District for the past few years and therefore it is not possible to make investigation about the origin of the person to find out the real community of the person. 4. We do not accept the said contention of the learned Government Advocate that a person claiming a right, which is guaranteed under the Constitution of India either he belongs to ST or SC community. It is not as if the said person migrates from one place to other place and it is a right of any citizen to go anywhere in India. Simply because the petitioner has migrated to Virudhunagar District, he is not losing his social status, which has already been available on fact. It is the duty of the appropriate committee constituted by the Government for the purpose of identifying the communal status of a person and to investigate into the issue by conducting proper enquiry. 5. In such view of the matter, the Writ Petition stands disposed of with a direction to the respondents to consider the representation of the petitioner dated 30.06.2011 and pass appropriate orders regarding the community status of the petitioner, after conducting enquiry in the manner known to law. The said order shall be passed within a period of twelve weeks from the date of receipt of a copy of this order. No costs. RR Sd/- Assistant Registrar[Records] /True copy/ Sub Assistant Registrar To: 1.The District Collector Virudhunagar District, Virudhunagar. 2.The Revenue Divisional Officer, Sivakasi Division, Sivakasi, Virudhunagar District. 3.The Tahsildar, Rajapalayam Taluk Virudhunagar District. +1 cc to Mr.K.Samithurai, Advocate SR.Nos.21945. +1 cc to Special Government Pleader, SR.No.22073. ORDER MADE IN WP(MD) No.7483 of 2011 Dated:06.07.2011 2P/6C RPB 21.07.2011 https://hcservices.ecourts.gov.in/hcservices/