R.Prabhuraj v. The Tamil Nadu State Level

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.No.23190 of 2015 and M.P.No.1 of 2015 R.Prabhuraj ..

Petitioner Vs.

1.The Tamil Nadu State Level Scrutiny Committee rep. by its Chairman/Principal Secretary, Adi Dravidar and Tribal Welfare Department, Fort. St. George, Chennai - 9.

2.The District Level Vigilance Committee rep. by its Chairman and District Collector, Kancheepuram, Kancheepuram Dist.

3.The Reserve Bank of India rep. by its Regional Director, Rajaji Salai, Chennai - 1.

..

Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the proceedings of the first respondent in Proceedings No.12339/CV-

4/2007-20 dated 30.06.2015 and quash the order passed therein. For Petitioner ..

Mr.Yogesh Kannadasan For Respondents ..

Mr.N.Sakthivel, Govt. Advocate for R1 & R2

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

2.Impugning the order dated 30 June 2015, whereunder, it was held that the "Hindu Kondareddis" Scheduled Tribes form of caste certificate issued to the petitioner by the Tahsildar, Uthiramerur, Kancheepuram District on 07.11.1981 was not genuine based on the decision taken by the Revenue Divisional Officer, Kancheepuram, the petitioner has filed the present writ petition. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for respondents 1 and 2.

4.Learned Government Advocate appearing for respondents 1 and 2, on instructions, would submit that the first respondent, while examining the case of the petitioner, had not referred the matter to the Vigilance Cell, as required under law. Hence the matter may be remitted back to the State Level Scrutiny Committee, to examine the case of the petitioner afresh in the light of the Government Orders as well as the judicial mandate.

5.In view of the above, the impugned order dated 30 June 2015 is set aside and the matter is remitted back to the State Level Scrutiny Committee to examine the case of the petitioner afresh in accordance with the well settled procedure as laid down by the Supreme Court and incorporated in several Government Orders issued by the Government. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(SATISH K.AGNIHOTRI,J.) (P.DEVADASS, J.) 10 December 2015 Index:Yes/No mmi

SATISH K.AGNIHOTRI, J.

and P.DEVADASS, J.

mmi To 1.The Chairman/Principal Secretary, Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Fort. St. George, Chennai - 9.

2.The Chairman and District Collector, District Level Vigilance Committee, Kancheepuram, Kancheepuram Dist.

3.The Regional Director, Reserve Bank of India, Rajaji Salai, Chennai - 1.

W.P.No.23190 of 2015 10.12.2015