High CourtsDIVISION BENCH(2017) 04 MAD CK 0131

Kandapalli Pavan vs The Union of India Rep. by the Chief Secretary to Government Government of Union Territory of Puducherry, & Ors.

Madras High Court · Decided on 24 April 2017

HON’BLE JUDGES
K.K.Sasidharan, M.V.Muralidaran
CASE NUMBER
39988 and 40566 of 2016

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Judgment

38 paragraphs · 435 words

Sl.No.,Date,Description of document

1,18.05.1992,Birth Certificate issued by Yanam MUnicipality

2,03.07.1997,"Residence certificate issued by the Deputy Tahsildar, Yanam

3,25.03.1999,"Certificate issued by the Mandal Revenue Officer, indicating that the name of the petitioner is found in the ration card relating

to the residential house of his father in Uppalaguptam Mandal at Nangavaram Village, Puducherry.

4,10.5.2007,Secondary School Certificate

5,9.7.2004,Study certificate issued by MGGB High School

6,28.06.2007,"Community certificate issued by Deputy Tahsildar, Yanam

7,6.7.2009,"Nativity certificate issued by the Deputy Tahsildar, yanam

8,6.7.2009,"Community certificate issued by the Deputy Tahsildar, yanam

9,9.7.2009,"Identity card issued by employment exchange, yanam

,,

,,

10,8.10.2015,"Driving license issued by the Licensing Authority, Yanam

11,9.10.2015,"Nationality certificate issued by the Deputy Tahsildar, Yanam

12,9.10.2015,"Nativity certificate issued by the Deputy Tahsildar, Yanam

13,29.8.2016,"Community certificate issued by the Thasildar, Uppalaguptam, indicating that the father of the petitioner along with family,

migrated to Yanam, seeking livelihood about twenty years ago.

14,,Passbook issued to the petitioner by the Yanam Branch of Puducherry State Cooperative society

15,,Family Ration card issued by the Regional Executive Officer at Yanam

16,6.2.2012,"Endorsement made by Social Welfare Department for supplly of free saree, lungi and towel to the family of the petitioner.

17,15.7.2006,Endorsement made with regard to supply of bicycle to the family of the petitioner under social welfare scheme.

18,,Aadhaar card of the petitioner

19,,Aadhaar card of the mother of the petitioner

20,,Aadhaar card of the father of the petitioner

21,,Aadhaar card of the brother of the petitioner

22,,Identity card issued by the Election Commission to the petitioner

23,,"Identity card issued by the Health Department, Yanam to the petitioner under the Health Insurance Scheme

24,,Interview card sent by the Police Department at Yanam address of the petitioner.

19.

The Regional Executive Officer cum Additional District Magistrate, without any valid materials, cancelled the nativity certificate issued to the",,

petitioner. The Deputy Tahsildar who is a subordinate of the Additional District Magistrate, followed his orders and rejected the application",,

submitted by the petitioner for community certificate. We are therefore of the view that the orders impugned in the Writ Petitions are liable to be,,

set aside.,,

Disposition:-,,

20.

In the result, the order dated 7 April 2016 on the file of the Additional District Magistrate, Yanam, and the related order dated 13 April 2016",,

on the file the Deputy Tahsildar, Yanam, are quashed. The Deputy Collector, Yanam, and the Tahsildar, Yanam, are directed to issue nativity and",,

community status certificates to the petitioner within a period of one week from the date of receipt or production of a copy of this order.,,

21.

In the upshot, we allow the Writ Petitions. No costs. Consequently, W.M.P.No.34046 of 2016 is closed.",,