Pondicherry Scheduled Tribes v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 18168 of 2015 Pondicherry Scheduled Tribes Peoples Federation Repd. by its President K.Ramkumar Puducherry.

...Petitioner

vs.

1 Union of India Repd. by the Secretary, Ministry of Home Affairs, North Block, Central Secretariat New Delhi-110 001.

2 Union of India Repd. by its Secretary, Ministry of Tribal Affairs (C & LM-1 Division), Shastri Bhawan New Delhi-110 001.

3 The Chairman National Commission for Scheduled Tribes 6th Floor B Wing Lok Nayak Bhavan, Khan Market, New Delhi-110 003.

4 Registrar General and Census Commissioner of India, 2A Mansingh Road, New Delhi-110 011.

5 Government of Union Territory of Puducherry , Repd. by its Chief Secretary, Chief Secretariat, Goubert Avenue, Puducherry-605 001.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to consider the Report of Dr.T.Subramanian Naidu Committee 2001 as well as resolution of 5th respondent with recommendation of the Lieutenant Governor of Puducherry recommending the five communities viz Irular,

Malaikuravan/Malakuravan, Kattunayakan Yerukula and Kuruman/Kurumans communities as scheduled Tribes in the Union Territory of Puducherry so as to achieve the goal of social justice of the above five communities.

For petitioner :

Mr. P. Veeraraghavan For respondents :

Mr Venkataswamy Babu S.P.C. - R1 & R2

ORDER

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

2. Learned counsel appearing for the petitioner submits that the Irular community has not been declared as Scheduled Tribes and the Puducherry Lieutenant Governor's letter dated 11.11.2008 addressed to the then Union Minister of Tribal Welfare recommending to consider the above said communities as Schedule Tribes on the basis of the Dr. Subramania Naidu Committee report, has not yet been acted upon. Hence, the instant writ petition.

3. Learned counsel appearing for the respondents submits that if the recommendation is still pending consideration, the same will be considered on merits and in accordance with law.

4. In such view of the matter, without expressing any opinion on the merits of the case, we expect that the authorities will examine the recommendation dated 11.11.2008 made by the Puducherry Lieutenant Governor, in the light of the aforestated report and take a decision on merits and in accordance with law, expeditiously.

5. With the above observation, the writ petition stands disposed of. Connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ra

To 1 The Secretary, Ministry of Home Affairs, North Block, Central Secretariat New Delhi-110 001.

2 The Secretary, Union of India Ministry of Tribal Affairs (C & LM-1 Division), Shastri Bhawan New Delhi-110 001.

3 The Chairman National Commission for Scheduled Tribes 6th Floor B Wing Lok Nayak Bhavan, Khan Market, New Delhi-110 003.

4 Registrar General and Census Commissioner of India, 2A Mansingh Road, New Delhi-110 011.

5 The Chief Secretary, Government of Union Territory, Puducherry, Chief Secretariat, Goubert Avenue, Puducherry-605 001.

1 CC to Mr. Venkataswamy Babu, Advocate SR.No. 1 CC to Mr. P. Veeraraghavan, Advocate SR.No. W.P. No.18168 of 2015 SV (CO) PSI (14.07.2015)