Adi Tribal Welfare Association v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.3422 of 2021 and W.M.P.No.3912 and 3913 of 2021 Adi Tribal Welfare Association, Regd. No.140/2009, No.9549, 'A' Type, 12th Main Road, 174th Street, TNHB Ayappakkam, Chennai - 600 077, rep. by its General Secretary, E.Kumar.

...Petitioner

Vs.

1. State of Tamil Nadu rep. by its Principal Secretary to Government, Revenue Administration and Disaster Management Department, Secretariat, Fort St. George, Chennai - 600 009.

2. State of Tamil Nadu rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

4. The Director, Directorate of Tribal Welfare, Exhilagam, Chepauk, Chennai - 600 005.

5. The Chief Executive Officer, Tamil Nadu e-Governance Agency, Kavignar Bharathidasan Road, Alwarpet, Chennai - 18.

6. The Chairperson, National Commissioner for Schedule Tribe, Government of India, 6th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the letter issued in D.O.Letter No.16503/CV-1/2015-2 dated 05.10.2015 on the file of the 2nd respondent, quash the same and direct the respondents to implement the Government Order in G.O.Ms.No.524, Revenue [RA2(2)] Department, dated 14.10.2010 on the file of the 1st respondent and subsequent letter in D.O.Letter No.8624/CV-1/2019-1 dated 24.05.2019 on the file of the second respondent and to permit the eligible applicants to apply for the Scheduled Tribe community certificates through online and issue the community certificate only through online after due verification and enquiry by the authorities. For petitioner : Mr.S.Doraisamy For respondents : Mrs.Akila Rajendran Govt. Counsel (for R1 to R5)

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) The prayer in the writ petition is for issuance of a Writ of Certiorarified Mandamus to quash the order of the second respondent in D.O.Letter No.16503/CV-1/2015-2 dated 05.10.2015 and to direct the respondents to implement the Government Order in G.O.Ms.No.524, Revenue [RA2(2)] Department, dated 14.10.2010 on the file of the 1st respondent and subsequent letter in D.O.Letter No.8624/CV-1/2019-1 dated 24.05.2019 on the file of the second respondent and to permit the eligible applicants to apply for the Scheduled Tribe community certificates through online and issue the community certificate only through online after due verification and enquiry by the authorities.

2.The learned counsel for the petitioner Mr.S.Doraisamy and the learned Government Counsel appearing for the respondents 1 to 5 Mrs.Akila Rajendran would state that pending this writ petition, the Government had taken a decision to accept online application and issue certificates through online and in this regard, instructions were issued to the all the District Collectors/concerned authorities vide Lr.No.RA 5(3)/41484/2021, dated 03.09.2021. The learned counsels further stated that in view of the letter issued by the Government, the prayer sought for in this writ petition has become infructuous. 3.Recording the said submission, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar skn To 1.The Principal Secretary to Government, Revenue Administration and Disaster Management Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, State of Tamil Nadu Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Additional Chief Secretary/ Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

4. The Director, Directorate of Tribal Welfare, Exhilagam, Chepauk, Chennai - 600 005.

5. The Chief Executive Officer, Tamil Nadu e-Governance Agency, Kavignar Bharathidasan Road, Alwarpet, Chennai - 18.

6. The Chairperson, National Commissioner for Schedule Tribe, Government of India, 6th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.

+1CC to Mr.S.Doraisamy, Advocate, Sr.No.50764 +1CC to Mr.Government Pleader, Sr.No.51290 W.P.No.3422 of 2021 and W.M.P.No.3912 and 3913 of 2021 PL (CO) K.RK. (01.11.2021)