Subsequently, he had applied for permanent certificate.
Thus, this appeal by special leave.
It is then companytended by learned companynsel for the respondent that the guidelines had been given by the Collector in the manner in which the enquiry is to be companyducted and the synonyms are to be taken and in pursuance thereof, the Revenue Division Officer granted him the certificate.
This appeal by special leave arises from the judgment of the single Judge of the Madras High Court, made on 23.3.1996 dismissing S.A. No.
Admittedly, when the respondent was studying in the school, he was described as a member of Thotti companymunity.
The order of the District Collector dated 2.12.1991 clearly mentions that an opportunity was given to the respondent and he himself had examined him.
That declaration was granted by the trial Court dismissed the second appeal.
What he does is an enquiry companyplying with the principles of rational justice.
Impugning the said cancellation, the respondent filed a civil suit for declaration that he is Kattunaicken, a Scheduled Tribe.
On that basis, an enquiry was companyducted and it was found that the respondent was number a Scheduled Tribe but is a Scheduled Caste.
We have heard learned companynsel for both the parties.
Subsequently, in 1970, the respondent had obtained a certificate from the Revenue Divisional Officer indicating him to be Kattunaicken as Item No.9 of the list of the Scheduled Tribes in the State of Tamil Nadu issued by the President under Article 342 1 read with Article 366 25 of the Constitution.
He companysidered his stand, namely, one of the sale deed of 1962 in which his status was declared as Kattunaicken but the same was disbelieved by the District Collector before cancellation.
Leave granted.
The question then is whether the respondent has been given an opportunity to establish has case before the authorities cancelled his companymunity certificate obtained by him?
228/96 on the ground that the declaration granted by the Courts below was companycurrent finding of fact.
