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Madras High CourtWP/7741/2020disposed of

Prof.Dr.M.Ramadas v. Government Of Puducherry

2020-05-27Honourable Mr Justice K. Ravichandrabaabu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.05.2020

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.7741 of 2020 Prof.Dr.M.Ramadas Former Member of Parliament (Lok Sabha) Honorary President Karaikal District Fisherman Reservation Committee No.1, Ellaiyamman Koil Street Kilinjalmedu Karaikal - 609 605.

... Petitioner Vs

1. Government of Puducherry Rep. by Chief Secretary

2. The Secretary Department of Education

3. The Secretary Department of Health Puducherry - 605 001.

4. The Special Secretary Welfare Department

5. The Secretary Department of Fisheries

6. The Director Welfare of Backward and Minority Classes

7. State Level Commission for Backward Classes Rep. by its Secretary Government of Puducherry ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus, directing the respondents herein to consider the representation made by the petitioner herein on 03.01.2020 and the Legal Notice dated 23.03.2020 to notify the fishermen community of Karaikal region as one of the community under Most Backward Class (MBC) as done to the Mahe and Yanam regions in G.O.Ms.No.9/2010/Wel./SW-V dated 28.08.2010.

For Petitioner :

Mr.V.P.Sengottuvel For Respondents :

Mrs.G.Djearany Government Advocate (P)

O R D E R

This matter is taken up for hearing through Video-Conferencing mode.

2. Mrs.D.Djearany, learned Government Advocate takes notice for the respondents. By consent of both parties, the main writ petition is taken up for final disposal in view of the limited prayer sought for in this writ petition.

3. The petitioner seeks for a mandamus directing the respondents to consider his representation dated 03.01.2020 and the legal notice dated 23.03.2020 to notify the fishermen community of Karaikal region as one of the community under Most Backward Class (MBC)

4. The learned Government Advocate (P) appearing for the respondents, based on instructions, submitted that the Committee, which has to consider such request viz., the State Level Commission for Backward

Classes, is not in existence now, as the period of earlier Committee got expired on 31.05.2018. Therefore, she submitted that only when such Committee is formed, the representation of the petitioner will be considered.

5. Since the present writ petition is filed to consider the representation of the petitioner dated 03.01.2020, this Court is of the view that the same can be considered and appropriate reply can be given by stating the present state of affairs, as has been placed before this Court today. Therefore, this writ petition is disposed of, with a direction to the first respondent to consider the representation of the petitioner dated 03.01.2020 and pass appropriate orders/reply within a period of two weeks from the date of receipt of a copy of this order. No costs. 27.05.2020 mk/vri Speaking/Non-speaking Internet: Yes/No Index : Yes/No

To

1. Government of Puducherry Rep. by Chief Secretary

2. The Secretary Department of Education

3. The Secretary Department of Health Puducherry - 605 001.

4. The Special Secretary Welfare Department

5. The Secretary Department of Fisheries

6. The Director Welfare of Backward and Minority Classes

7. State Level Commission for Backward Classes Rep. by its Secretary Government of Puducherry

K.RAVICHANDRABAABU.J., mk/vri W.P.No.7741 of 2020 27.05.2020