M.Prabhu v. The District Level Vigilance-Cum-Caste Scrutiny Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.1412 OF 2022 M.Prabhu, M/40 years, S/o. Mani, Madha Koil Street, Melvalai Village, Kandachipuram Taluk, Villupuram District - 605 701.

... Petitioner .Vs.

1. The District Level Vigilance-cum-Caste Scrutiny Committee, (Community Certificate-Invalidation), Represented by the District Collector,

2. The District Welfare Officer, (Adi Dravidar and Schedule Tribe Welfare),

3. The Tahsildar, Kandachipuram Taluk,

4. Nithya ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 2nd respondents, Caste Certificate Scrutiny Committee to complete the enquiry against the 4th respondent herein, on the basis of the report of the Tahsildar, Kandachipuram Taluk, Villupuram in Na.Ka.No.A4/635/2016 dated 24.03.2017 by affording an

opportunity of pre-decisional personal hearing to place the documents in his possession and to make submissions as detailed in his representation on 16.10.2021 and to complete the process within a time frame.

For petitioner : Mr.P.G.Thiyagu For respondents : Mr.K.V.Sajeev Kumar Special Government Pleader For RR1 to 3

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.,) Mr.K.V.Sajeev Kumar, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3.

2. By consent, this writ petition has been taken up for final disposal at the admission stage itself.

3. The prayer in this writ petition is to issue writ of mandamus directing the respondents 1 and 2 to complete the enquiry initiated against the 4th respondent, on the basis of the report of the Tahsildar dated 24.03.2017 in Na.Ka.No.A4/635/2016.

4. The case of the petitioner is that he is the permanent resident of Melvalai Village, Kandachipuram Taluk, Villupuram District. In the local body election conducted in the year 2016, the said Village was allotted for SC community, in roaster. The 4th respondent filed her nomination for the post of Panchayat President. It is further stated that the 4th respondent does not belong to SC community and she was ineligible to contest for the said post. In this regard, the petitioner also filed a writ petition in W.P.No.21496 of 2021.

5. The learned counsel appearing for the petitioner would state that subsequent to the disposal of the earlier writ petition, a detailed representation was given to the authorities with regard to cancellation of the Community Certificate issued in favour of the 4th respondent. Though proceedings were initiated, it is moving like a snail's space and hence the

present writ petition is filed. It would suffice, if the 1st respondent is directed to dispose of the representation of the petitioner in a time frame.

6. Mr.K.V.Sajeev Kumar, learned Special Government Pleader appearing for the respondents 1 to 3 would state that based on the representation of the petitioner, the District Adi Dravidar Welfare Officer, Villupuram, has sent a letter to the Tahsildar, Kandachipuram Taluk, to conduct an enquiry and after receiving the report of the Tahsildar, the 1st respondent will pass final orders on the representation of the petitioner.

7. In the light of the prayer sought in this writ petition and the submissions of the learned counsels, this Court without expressing any opinion on the merits of the matter, directs the 1st respondent to dispose of the representation submitted by the petitioner, in accordance with law, after affording ample opportunity to the petitioner as well as the 4th respondent, within a period of six months from the date of receipt of a copy of this order.

8. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Jer To 1.

The District Level Vigilance-cum-Caste Scrutiny Committee, (Community Certificate-Invalidation), Represented by the District Collector, 2.

The District Welfare Officer, (Adi Dravidar and Schedule Tribe Welfare),

3.

The Tahsildar, Kandachipuram Taluk, +1cc to Mr.P.G.Thiyagu, Advocate, S.R.No.6698 W.P.NO.1412 OF 2022 SS(CO) PBS/28/02/2022