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Madras High CourtCRL OP/234/2019ordered

Hassan Basha v. State Rep By

2019-01-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Rev.Appw.No. 234 of 2019 against WP.No.2593/2010 Lalitha Ramesh Murthy ... Petitioner /Petitioner Vs.

1.State of Tamil Nadu Rep. by its Secretary, Adi Dravida Tribal & Welfare Department, Fort St. George, Chennai - 600 009.

2.The District Vigilance Committee on Community Verification (3 Members Committee) Office of the Collector of Chennai, Chennai - 600 001.

3.Bharat Sanchar Nigam Ltd., Rep. by its Chief General Manager, 78,Purasaiwalkkam High Road, Chennai - 600 0010.

... Respondents/Respondents PRAYER : Petition filed under Order 47 Rule 1 r/w Section 114 of CPC against the order dated 08.01.2019 passed in W.P.No.2593 of 2019 on the file of this Court.

WP.2593 of 2019 :- Writ of certiorarified Mandamus to call for the proceedings of the second Respondent District Vigilance committee on Community Verification, Chennai bearing Ref No. Vu 3/20750/97 dated 02/12/2006 signed on 12/03/2007 consequently direct the respondents 1 & 2 to restore /issue a certificat to the petitioner as "SHOLAGA" ST Community.

For Petitioner : Mr.K.Elango For Respondents : Mr.M.Elumalai, Government Advocate for R1,R2 Ms.K.Parameshwari for R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by M.M.SUNDRESH.,J) This Review Petition has been filed on a misconception that in view of the earlier order passed in G.O.(Ms)No.235, Revenue Department, dated 26.06.2015, the appeal would not be entertained.

2. The learned Government Advocate appearing for respondents 1 and 2 would submit that as per G.O.(Ms) No.147,Revenue[RA-3(2)] Department, dated 17.03.2016, the appeal is maintainable before the State Level Scrutiny Committee.

3. In such view of the matter, without going into the merits of the case, we are granting the petitioner four more weeks' time from the date of receipt of a copy of this order to approach the State Level Scrutiny Committee. As and when such an appeal is filed, the State Level Scrutiny Committee will have to decide the matter without rejecting it either on the ground of delay or based upon the earlier order passed in Letter No.9059/CV-2/2007-1, dated 26.11.2007.

4. The Review Petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar ssm To 1.The Secretary, Adi Dravida Tribal & Welfare Department, Fort St. George, Chennai - 600 009.

2.The District Vigilance Committee on Community Verification (3 Members Committee) Office of the Collector of Chennai, Chennai - 600 001.

+1cc to Mr.K.Elango, Advocate, S.R.No. 3455 +1cc to Mr.K.Parameshwari, Advocate, S.R.No. 4442 Rev.Appw.No. 234 of 2019 CA(CO) GN(03/03/2020) https://hcservices.ecourts.gov.in/hcservices/