G.Parimala v. District Level Vigilance Committee,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.1870 of 2020 and WMP.Nos.2189 & 2193 of 2020 G.Parimala ... Petitioner Vs

1. The District Level Vigilance Committee, Tiruvannamalai District, Tiruvannamalai Rep.by its Chairman and District Collector.

2. The Collector, Tiruvannamalai District, Tiruvannamalai.

3. The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in pursuant to the notice in Na.Ka.No.PaMe/A1/30/2020 dated 24.01.2020 on the file of the second respondent and quash the same.

For Petitioner : M/s.S.Doraisamy For Respondents: Mr.V.Shanmuga Sundar Spl. Govt. Pleader *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorari calling for the records in pursuant to the notice in Na.Ka.No.PaMe/A1/30/2020 dated 24.01.2020 on the file of the second respondent and quash the same.

2. The grievance of the petitioner is that she and her family members belong to "Kurumans Community" which is classified as Scheduled Tribe Community and obtained certificate from the third respondent. The petitioner contested for the Council Member of the Panchayat Union Ward Council Election and she was elected. One Selvi made a complaint to the third respondent stating that the petitioner does not belong to ST Community and the third respondent forwarded the complaint of Selvi to the second respondent for verification of social status. The second respondent instead of rejecting the complaint, placed the matter before the first respondent committee for verification.

He further submitted that the complaint was made by a third party as against the petitioner, raising a doubt with regard to the genuineness of the Community Certificate issued by the third respondent/Revenue Divisional officer to the petitioner. The Revenue Divisional Officer is not a competent authority to enquire into the genuineness of the Community Certificate. If at all there is a doubt, the State Level Scrutiny Committee is the appropriate authority to enquire into the same. Hence the writ petition.

3. Mr.V.Shanmuga Sundar, learned Special Government Pleader submitted that the respondents will withdraw the impugned notice dated 24.01.2020 and that they will forward the community certificate of the petitioner to the State Level Scrutiny Committee based on G.O.(2D).No.108 dated 12.09.2007 Adi Dravidar and Tribal Welfare (CV-I) Department for verification.

4. Recording the above submission made by the learned Special Government Pleader, the writ petition is closed. No costs. Consequently connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar dpq To 1.The Chairman and District Collector, The District Level Vigilance Committee, Tiruvannamalai District, Tiruvannamalai.

2. The Collector, Tiruvannamalai District, Tiruvannamalai.

3.The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

4.The State Level Scrutiny Committee Adidravidar and Tribal Welfare Government of Tamil Nadu Fort St.George, Chennai-9.

+1cc to Mr.S.Duraisamy, Advocate SR.7275 +1cc to the Government Pleader SR.7641 Writ Petition No.1870 of 2020 and WMP.Nos.2189 & 2193 of 2020 RV(CO) CB(21/02/2020)