Chennai
A division bench of Justices M Venugopal and Justice P D Audikesavalu, while disposing a writ petition from S Balasubramaniam of Mettur Dam, said, “This court fervently opines that if the Tamil Nadu Government enacts a codified law pertaining to the procedure for issuance and verification of community certificates of SC/ STs and BCs, then there is ample scope for wiping out/erasing out bogus and fictitious community certificates obtained by the persons concerned, to secure the benefits in an unlawful manner.”
The bench also pointed out that neighbouring States like Kerala, Andhra and Maharashtra have already enacted necessary legislation for issuance and verification of the community certificates of SC/ STs and other backward classes and the same are in live force.
On the case in hand, the bench directed petitioner Balasubramaniam to prefer a fresh appeal to the Salem District Collector within two weeks.
The Collector shall provide adequate opportunity of hearing to the petitioner by adhering to the `Principles of Natural Justice’ in its true letter and spirit. The Collector shall pass an order on merits in an unbiased and dispassionate manner, within six weeks thereafter, the bench added.
The petitioner had sought to quash an order dated December 2, 2015, of the Collector, refusing to issue community certificate to his daughter and son as belonging to `Konda Reddy’ community, which falls under the Scheduled Tribe category.
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