The Madurai Bench of the Madras High Court today directed officials of the Tirunelveli District Level Vigilance Committee to find out the submission of a petitioner that "Naidu" is not a community specified under any of the heads and his father used it (Naidu) only as a title given to him.
Justice Sanjay Kishan Kaul and Justice S Tamilvanan disposing a petition filed by D Tirupathi, who claimed that he belonged to "Hindu Kavara" (Scheduled Caste) Community and it was wrong on the part of the officials to issue "Hindu Naidu" certificate for his children as his father was "Hindu Naidu".
The petitioner submitted that once he was issued "Hindu Kavara Certificate" by the Shengottai Tahsildhar, on Octobe 9, 1995, the same could not be denied for his children on the premise that the certificate of his father showed that the father was a "Hindu Naidu."
"His children were automatically entitled for the SC certificate. Secondly Naidu is not a community specified under any of the heads and his father uses it only as a title given to him" he contended.
The Judges said the submission of the Petitioner required factual enquiry.
"It is appropriate for the District level Vigilance committee should look into this aspect in a time boundmanner and pass an order in the case of the petitioner by examining the issue--Naidu is a title or caste".
The exercise, in so far as the children of the petitioner, should be completed in two months.
The judges said that for all the caste certificate cases, which required factual adjudication, at least one appeal remedy for SCs/STs and BCs should be provided in the form of district level Vigilance Committee.
The court directed the Secretary of Adidravidar Welfare department to look into the matter and provide for an appeal remedy for factual scrutiny of even other cases.
The secretary and the District level vigilance committee should file compliance report, the judges said and posted the case for hearing on April 15.
