M. Varadan and Others vs Government of Tamil Nadu and Others

K.A. Swami, C.J.—Petitioners are three is number. They have sought for issue of a writ, in the nature of mandamus, to the respondents in

the following terms:

For the reasons stated in the accompanying affidavit, it is prayed that this Hon''ble Court may be pleased to pass any writ, order or direction and in

particular a writ in the nature of mandamus directing the respondents to certify that the petitioners and other Urali Gounders in the State of Tamil

Nadu belong to the Schedules Tribe - ''Urali'' that has been notified by the Central Government at item 36 of the Scheduled Castes and Scheduled

Tribes Order (Amendment) Act, 1976 and included as item 369 in the list of the Scheduled Castes and Schedules Tribes in the State of Tamil

Nadu by the Government of Tamil Nadu and that the petitioners are entitled to all consequential reliefs and pass any other orders or direction as

are necessary and proper to meet the ends of justice, including an order for costs.

A counter is also filed by the respondents.

It is the case of the petitioners that they belong to ''Urali'' tribe, which is recognised as a Scheduled Tribe and that has been notified by the

Central Government at Item 36 of the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 and included as item 369 in the list

of Scheduled Castes and Scheduled Tribes in the State of Tamil Nadu by the Government of Tamil Nadu. Though they made efforts to secure

certificates to the effect that they belong to ''Urali'' tribe, which is recognised as a Scheduled Tribes, such certificates have not been issued. The

Tahsildar concerned has simply informed the petitioner 1 and 2 that they cannot be given a certificate, because ''Urali'' tribe is not the one of the

Tribes found in the District of Trichy. As far as the third petitioner is concerned, he has been informed that he has a suffix to his name as Gounder,

and therefore, he cannot be considered to be a ''Urali'' Tribe. Of course, the Tahsildar by the impugned order dated 18.8.1994, pertaining to the

third petitioner has referred to the report of the Revenue Inspector, recommending that since the third petitioner is a Urali, which is a scheduled

tribe, certificate should be granted to him. However, the said Tahsildar has relied upon the report made by the Sub-Collector stating that no such

tribe is found in the State of Tamil Nadu and there is no entry of the said Tribe in the Statistical report. Therefore, the certificate sought for should

be granted.

The only question for consideration is as to whether the Tahsildar is competent to decide the question as to whether the petitioners are the

persons belonging to Urali Tribe and if so whether such scheduled tribe is found in Tamil Nadu?

It is the Collector and Collector alone, who is competent to decide the question. The Tahsildar ought to have referred the matter to the

Collector for deciding that issue. As far as the report of the Sub-Collector is concerned, it was made behind the back of the petitioners, as they

had not been given any opportunity, whatsoever. Even a copy of the report, stated to have been made by the Sub-Collector, on the basis of which

the Tahsildar passed the impugned order, was not furnished to them. The report of the Sub-Collector and also the reasoning of the Tahsildar dated

18.8.1994 appear to be contrary to the existing facts.

In fact, Headquarters Deputy Tahsildar, Manaparai has issued a certificate on 6.9.1982 to one Thiru M.Mohanraj, son of Thiru. V.

Muthuveeran residing at Mondipatty Village, Manapparai Taluk, Tiruchirappalli District, stating that he belongs to Urali Community, which is

recognised by the Government as a Schedule tribe under the Tamil Nadu Educational Rules. Similarly, another certificate has been issued on

21.11.1982 by the same Deputy Tahsildar to one M. Annavi son of TTiiru. Malaiyandi residing at Thathakkavanadanpatty Town,

Ammanakampatty Village, Manapparai Taluk, Trichy District. One more certificate on 22.12.1971 has been issued by the Deputy Tahsildar

(Headquarters) Manapparai to one S. Thangaraju, son of Thiru Seerangan, residing at Town Vaivamalaipalayam Village, Manapparai Taluk,

Trichy District. Therefore, it is not possible to accept the report of the Sub- Collector that no such Tribe is found in the State of Tamil Nadu or at

any rate in the District of Trichy.

At this stage, we may refer to the discussions contained in Castes and Tribes of Southern India by Edgar Thurston, C.I.E., Superintendent,

Madras Government Museum, Correspondent Etranger, Society d'' Anthropologic de pans; Socio Correspondent ,Societa Romana di

Anthorpologia Vol. VII T to Z Published in 1975 by Cosmo Publication, Delhi. At page 242 it has been discussed as follows:

''Urali. In the Madras Census Report, 1891, the Uralis are described as ''a caste of agricultural labourers found chiefly in the districts of Madura

and Trichinopoly. The word Urali means a ruler of a village. Like the Ambalakarqanas, they trace their descent from one Mutruraja, and the only

sub-division returned by any number in Mutracha. They also assert that they were formerly employed as soldiers. In the Wynad there is a section

of Kurumbas called Urali Kurumbas, and it is not improbable that these Uralis of the Tamil Country are an offshoot of the great Kurumba race.

The Uralis are further summed up in the same report, as agricultural labourers in Coimbatore, Trichinopoly, and Madura. There seems to be some

connection between the Uralis and the Ambalakkarans or Muthiriyans. Muthiriyans is a sub-division of both Urali and Ambalakkaran, and both of

these are found in the same districts Perhaps the Uralis are an offshoot of the Tamil Valaiyans which by change of occupation has transformed itself

into a distinct caste (see Ambalakkaran). The caste is split up into a number of sub-divisions, called after the name of the tract or Nadu in

Trichinopoly which each inhabits. To get back into the Caste, an excommunicated cam has to kill a sheep of goat before the elders, and mark his

forehead with the blood. He then gives a feast to the assembly and puts part of the food on the roof of his house. If the crows eat this, he has

received back in to the caste. (Brahmans always put out portions of the sraddha offerings in the same way, and judge whether they are acceptable

or not by noting if the crows eat them or not.) Marriage is infant or adult. A men detected in an intrigue with an unmarried woman is fined, and has

to marry her, and at the wedding his waist string is tied round her neck instead of Tali. The well-to-do people of the caste employ Bramhans as

priests, but others content themselves with their own elders. Widows and divorced women may marry again. The dead are either burned or buried.

The richer members of the caste performs sraddha (memorial service for the dead). They drink alcohol, and eat fowls, mutton, perk, fish, rats etc.

In social position they come below the Idaiyans, Tottiyans and Kalians. Their title is Kavandan.

For the following note on the Uralis of the Trichinopoly District, I am indebted to Mr. F.R. Hemingway, ''They say that they were originally

Khatriyar living in ''Alipuram near Oudh'', and left that place in search of adventure, or in consequences of disputes at home, leaving their wives

behind them, and finally settled in south, where they married serving women (pulakkachis). They say that they belong to the Mutturaja Kuttam, a

phrase they cannot explain, and protest that the Ambalakkarans, who make a similar claim, have no ground for so doing. They seem to eat with no

other caste on equal terms, but will, of course accept separate meals from Vellalans. They are splits into seven nadus, which are in effect

endogamous sub-divisions.

We do not consider it necessary to refer to the entire discussion contained in the said Hook, as it is open to the petitioner to produce the same

before the Collector. We extracted the above discussion only because the Sub-Collector did not go into the matter deeply and he appear to have

made a report without realising the importance of it and the effect it would have on the person who claimed to be Uralis.

Thus it is clear that there is no determination at any point of time as to whether the petitioners Uralis and if so they are entitled to the certificates,

as sought for. As far as the third petitioner is concerned, as pointed out already, he has been wrongly denied the certificate.

For the reasons stated above, this writ petition is allowed in the following terms:

The matter is remitted to the Collector of Tiruchirappalli District, who shall decide the question as to whether the petitioners are Uralis. In the

event, it is held that the petitioners are Uralis, which is a scheduled tribe, he shall issue the certificates. Enquiry to be made after issuing notice to the

petitioners who will be entitled to adduce such evidence as they deem it necessary and they are also entitled to be represented thought counsel.

Petitioners shall file the necessary application with evidence before the Collector of Tiruchirappalli District on (sic), and the Collector shall decide

the matter within two months from (sic). No Costs.