E.Sivan v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.NO.30779 OF 2004 AND W.P.M.P.NO.37282 OF 2004 E.Sivan ... Petitioner .. Vs ..

1.

The Sub Collector, Nagapattinam District, Nagapattinam.

2.

The Chennai Port Trust, Rep. by its Deputy Conservator, I/c., Rajaji Salai, Chennai - 1.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of certiorari, to call for the records of the proceedings in Na.Ka.3631/2001/A6, dated 02.08.2004 of the first respondent and consequently the notice of the second respondent in No.D1/2767/97/M, dated 15.10.2004 and quash the orders passed therein by the issue of a Writ of certiorari or any other appropriate Writ, order or direction and pass.

For Petitioner :

No Appearance For R-1 :

Mr.E.Manoharan, Additional Government Pleader For R-2 :

Mr.R.Karthikeyan

ORDER

[The Order of the Court was made by M.M.SUNDRESH,J.] The prayer in the writ petition is to call for the records of the proceedings in Na.Ka.3631/2001/A6, dated 02.08.2004 of

the first respondent and consequently the notice of the second respondent in No.D1/2767/97/M, dated 15.10.2004 and quash the orders passed therein.

2. When the Writ Petition is taken up for hearing, there is no representation on behalf of the petitioner.

3. Mr.R.Karthikeyan, learned counsel appearing for the second respondent-Port Trust submitted that the issue involved in this writ petition has already been referred to the State Level Scrutiny Committee as per order of this Court dated 21.04.2010 passed in W.P.No.12591 of 2008. In tune with the aforesaid judgment, a copy of the letter of the Adi Diravidar and Tribal Welfare (CV-4(1)) Department, Secretariat, Chennai, in Letter No.14076/CV-4(1)/2008-4, dated 22.02.2017 has been furnished before this Court.

4. In view of the above submission of the learned counsel for the second respondent, we direct the State Level Scrutiny Committee to conclude the aforesaid pending proceedings, in pursuant to the aforesaid Letter dated 22.02.2017 sent by the Principal Secretary to Government to the Director of Tribal Welfare, Chennai, and also to the Deputy Superintendent of Police, SC/ST Vigilance Cell, Chennai, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Jrl To

1. The Sub Collector, Nagapattinam District, Nagapattinam.

2. The Deputy Conservator, The Chennai Port Trust, I/c., Rajaji Salai, Chennai - 1.

3. The State Level Scrutiny Committee, Rep. by its Chairman and Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai - 600 009.

Copy To 1.

The Director of Adi Dravidar and Tribunal Welfare Department, Chennai.

2.

The Deputy Superintendent of Police, SC/ST Vigilance Cell, Chennai.

+1cc to Mr.R.Karthikeyan, Advocate, S.R.No.91070 +1cc to the Government Pleader, S.R.No.91513 W.P.No.30779 of 2004 SPD(CO) CS/02/12/2019