K.Manickam v. The Tamil Nadu State Level Scrutiny Committee-Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No. 1267 of 2025 K.Manickam

...Petitioner

Vs.

The Tamil Nadu State Level Scrutiny Committee - II, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, Secretariat, Chennai - 600 009, rep. by its Chairman

...Respondent

Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to confirm the social status of the petitioner and his sons M.Natarajan and M.Idhayakumar that they belongs to Kurumans (ST) Community based upon the report of the Vigilance Cell dated 23.08.202 in view of the Manual in G.O.Ms.No.104, Adi Dravidar and Tribal Welfare Department dated 21.08.2023 and dictum laid down by the Hon'ble Supreme Court in Dayaram Vs. Sudhir Batham & others reported in 2011 (6) CTC 192 which was followed by this Hon'ble Court in G.Venkitasamy Case reported in 2016

(1) MLJ 606 and T.K.Kariyappan Case in W.P.No.23397 of 2019 dated 19.10.2022 and Nagesh case in W.P.No.230 of 2022 dated 28.11.2022. 1/4

For Petitioner : Mr.V.Elangovan For Respondent : Mr.Vadivelu Deenadayalan Additional Government Pleader

O R D E R

The prayer of the petitioner is for a mandamus to confirm the social status of the petitioner and his sons based on the report of the Vigilance Cell dated 23.08.2022 and the report of the Anthropologist. The manual issued by the State prescribes the procedure for verification of certificates and the nature of the weightage that is to be given to the report of the District Level Vigilance Cell as well as the Anthropologist has also been prescribed in the manual but, Clause 4.2 & 4.4 deals with the procedure with reference to the consideration of the District Level Vigilance Committee and the Anthropologist.

2. Admittedly, the State Level Scrutiny Committee has not passed any order till date. It is also seen that the petitioner has been called for an enquiry and he has appeared before the State Level Scrutiny Committee. We cannot presume that the State Level Scrutiny Committee will pass orders 2/4

against the claim of the petitioner more so, when it is supported by the report of the District Level Vigilance Committee. Hence, there will be a direction to the State Level Scrutiny Committee to pass appropriate orders strictly in conformity with the procedure provided under the manual. Let the needful be done within a period of six weeks from the date of receipt of the copy of this order.

3. This Writ Petition is disposed of with the above terms. No costs. (R.S.M., J.) (C.K., J.) 31.01.2025 kkn Index: No Speaking Note: Issue order copy on 06.02.2025.

To:

The Chairman, Tamil Nadu State Level Scrutiny Committee - II, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, Secretariat, Chennai - 600 009.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.No. 1267 of 2025 31.01.2025 4/4