Bank Of Baroda v. The Chairman Tamil Nadu State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.159 of 2016 Bank of Baroda Regional Office (Chennai Metro Region) 10 II Floor, CP Ramaswamy Road Alwarpet, Chennai 600 018 represented by its Deputy Regional Manager S.R. Kamath Petitioner Vs.

The Chairman Tamil Nadu State Level Scrutiny Committee & Secretary to Government Adi Dravidar & Tribal Welfare Department Namakkal, Kavingnar Maligai Secretariat,Fort St. Goerge Chennai 600 009 The District Collector Collector Office Tiruchirapalli 620 001 M. Kanagarajan Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 and 2 to consider the various representations the latest of which being dated 02.03.2015 in RO:CMR:HRM:51:9064 of the petitioner and determine the community status of the third respondent in a time bound manner.

For petitioner Mr. V. Karthic for M/s. T.S. Gopalan & Co For RR 1 & 2 Mrs. A. Srijayanthi Special Government Pleader

ORDER

(made by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for respondents 1 and 2. Notice to the third respondent is dispensed with at this stage, as no order prejudicial to his interest, is passed in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned Special Government Pleader appearing for respondents 1 and 2, the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus directing the respondents 1 and 2 to consider the petitioner's various representations the latest of which is dated 02 March 2015 and determine the community status of the third respondent in a time bound manner.

The grievance of the petitioner bank is that noticing the discrepancy in the caste certificate produced by the third respondent-employee, the petitioner bank had made representations to the official respondents on numerous occasions commencing from 05 January 2006 till 02 March 2015. Despite the clear time frame fixed by the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and Others1 qua issuance of community certificates, its repeated representations have not yielded any response or action from the official respondents. Hence, this writ petition.

It is really surprising as to how the authorities, who are under an obligation to examine and verify the social status certificate, can sit over the petitioner bank's representations for years together.

Recently, in an identical issue, this Bench, in G. Venkitasamy and V. Balasubramaniam vs. The Chairman, State Level Scrutiny Committee and Secretary to Government Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Msaligai Fort St. George, Secretairat, Chennai - 600 0092, vide order dated 21 December 2015, has directed the State Level Scrutiny Committee to examine the issue and take appropriate decision within a period of two months.

The learned Special Government Pleader appearing for respondents 1 and 2 fairly submits that appropriate decision will be taken on merits and in accordance with law, within the time limit prescribed by this Court, as aforestated. (1996) 4 SCC 241 W.P. Nos.30368 and 31973 of 2015

In such view of the matter, we dispose of the writ petition directing the first respondent to examine the petitioner's representations and take a conscious decision on merits and in accordance with law and also following the guidelines laid down by this Court within the time frame, as aforestated. Costs made easy.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar cad To The Chairman Tamil Nadu State Level Scrutiny Committee & Secretary to Government Adi Dravidar & Tribal Welfare Department Namakkal, Kavingnar Maligai Secretariat,Fort St. Goerge Chennai 600 009 The District Collector Collector Office Tiruchirapalli 620 001 +1cc to M/s. T.S. Gopalan & Co., Advocate, S.R.No.549 +1cc to the Government Pleader, S.R.No.570 CA(CO) EU(25/01/2016) W.P. No.159 of 2016