W.P. Nos. 32651 and 33319 of 2013. Case: 1. A. Raghul Anand, 2. R. Mohanraj Vs 1. Union of India, 2. State of Tamil Nadu. High Court of Madras (India)
| Case Number | W.P. Nos. 32651 and 33319 of 2013 |
| Counsel | For Appellant: S. Sathiya Chandran, Adv. and For Respondents: G. Rajagopalan, ASG for D. Vijayakumar and R. Ravichandran, AGP |
| Judges | M. Jaichandren and Aruna Jagadeesan, JJ. |
| Issue | Constitution of India - Articles 341, 342 |
| Judgement Date | November 10, 2014 |
| Court | High Court of Madras (India) |
Order:
M. Jaichandren, J.
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Heard the learned counsels appearing for the parties concerned.
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Since the issues involved in both the writ petitions are similar in nature, they have been taken up together and a common order is being passed.
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The writ petition, in W.P. No.32651 of 2013, has been filed by the petitioner, as a public interest litigation, praying that this Court may be pleased to issue appropriate directions to the Tahsildars concerned, to issue community certificates to the Scheduled Caste converts to Buddhism, by prefixing their religion with the caste name and to specify the serial number given in the Constitution (Scheduled Castes) Order, 1950, as amended in the year, 1990.
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The writ petition, in W.P. No.33319 of 2013, has been filed by the petitioner praying that this Court may be pleased to issue a writ of Certiorarified Mandamus to call for and quash the impugned order passed by the third respondent, dated 4.10.2013 and consequently, to direct the third respondent to issue community certificates to the petitioner and to the members of his family stating that they belong to Buddhist Adi Dravidar, within the time frame specified by this Court.
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The brief facts of the case, as stated by the petitioner, are as follows:
5.1. The petitioner has stated that he hails from Suddhamali village, in Tirunelveli District. He was born, on 25.4.1971. The petitioner's parents belong to Hindu Adi Dravidar community, which is a Scheduled Caste community. On 17.5.2002, the petitioner had married S.Anusuya, who belongs to Hindu Parayan Community. They have two children out of the wedlock, namely, Thaaragai and Thaarini.
5.2. The petitioner has further stated that he has been working as an Assistant Professor of English at the Ramakrishna Mission Vivekananda college, Mylapore, Chennai, from 24.7.2000.
5.3. It has been further stated that the petitioner and the members of his family had embraced Buddhism, from 15.8.2012, and their conversion to Buddhism had been notified in the Tamil Nadu Government Gazette, in its issues, dated 22.8.2012 and 29.8.2012. While so, the petitioner had made an application, dated 21.8.2013, to the Tahsildar, Shozhinganallur, for the issuance of community certificates to the members of the petitioner's family, stating that they belong to Buddhist Adi Dravidar community. However, the third respondent had passed the impugned order, dated 4.10.2013, stating that there is no caste, as Buddhist Adi Dravidar, in the...
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