Bharat Petroleum Corporation v. Chairman, Tn State Level

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2017

CORAM

THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN W.P.No.4152 of 2017 Bharat Petroleum Corporation Limited No.1, Ranganathan Gardens Off 11th Main Road, Anna Nagar Chennai 600 040 Rep. by its Chief Manager (HRS)South ... Petitioner Vs.

1.Chairman Tamil Nadu State Level Scrutiny Committee and Secretary To the Government, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat Fort St.George, Chennai 600 009 2.The District Collector Chennai 3.Mr.K.Venkatesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to consider the various representations made by the petitioner the last of which being dated 04.08.2016 and determine the community status of the third respondent in a time bound manner.

For Petitioner : Ms.G.Madhri for M/s.T.S.Gopalan and Co.

For Respondents : Mr.K.Dhananjayan Spl.Government Pleader for R1 and R2 Ms.Sumitra for Mr.W.M.Abdul Majeed for R3

O R D E R

K.K.SASIDHARAN,J.

This writ petition is filed by the employer to direct the Tamil Nadu State Level Scrutiny Committee to verify the community status of the third respondent and submit a report. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner, the learned Special Government Pleader on behalf of the respondents 1 and 2 and the learned counsel for the third respondent.

3. The counter affidavit filed by the first respondent indicates that scrutiny proceedings are pending before the State Level Scrutiny Committee.

4. The Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, in paragraph 12 of the counter affidavit stated that the matter would be taken up for enquiry after receiving report from the Vigilance Cell.

5. The first respondent is directed to conclude the scrutiny proceedings relating to the community status claimed by the third respondent, as expeditiously as possible, and in any case, within a period of three months from the date of receipt of a copy of this order. It is needless to point that procedure indicated in Kumari Madhuri Patil v. Additional Commissioner, Tribal Development and others [(1994) 6 SCC 241] and the related judgment shall be followed and reasonable opportunity should be given to the third respondent to submit his response before passing orders on merits.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.Chairman Tamil Nadu State Level Scrutiny Committee and Secretary To the Government, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat Fort St.George, Chennai 600 009 2.The District Collector Chennai.

+1 cc to Mr.T.S.Gopalan &Co, advocate,sr.16999 +1 cc to Mr.T.Abdul Majeed,advocate,sr.17074 +1 cc to Govt.Pleader,sr.17349.

sk(co) krd 3/4 ` W.P.No.4152 of 2017 https://hcservices.ecourts.gov.in/hcservices/