K.Kubendran v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.19232 of 2015 and M.P.No.1 of 2015 K.Kubendran .. Petitioner -vs1.Union of India, rep. by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi.

2.Union of India, rep. by the Secretary to the Government of India, Ministry of Tribal Affairs, New Delhi.

3.The Govt. of Tamilnadu, rep. by the Secretary, Adi Dravidar and Tribal Welfare Department, St. George Fort, Chennai-600 009.

4.The Director of Tribal Welfare, Government of Tamilnadu, Chepauk, Chennai.

5.The District Collector, Dharmapuri.

6.The Revenue Divisional Officer, Harur, Dharmapuri District.

7.The Revenue Divisional Officer, Dharmapuri.

8.The Revenue Divisional Officer, Vellore, Vellore District.

.. Respondents

Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 6 - 8 to scrutinize the community certificates already issued by them, the schedule Tribe certificate to the community of Kurumans in Harur, Dharmapuri and Vellore District.

For Petitioner : Mr.M.Muthusamy For Respondents : Mr.T.L.Thirumalaisamy CGSC for R1 and R2 Mr.STS.Moorthy Govt. Pleader for R3 to 8

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The claim of the petitioner is that there had been some instances of bogus community certificates being issued categorising the people as ''Kurumans'' although ''Kurumans'' and ''Kurumbas'' are living only in The Nilgiris District. The petition is general in character without any illustration as to which of the certificates according to the petitioner have been wrongfully issued.

2. In our view, the petitioner should have made necessary enquiries first, found out the certificates which were improperly issued, made representation to the authorities concerned on the issuance of wrongful certificates and if still no action was taken, the petitioner could have approached the Court. The representation of the petitioner is general in character.

3. We are, thus, not inclined to entertain the writ petition at this stage and the petitioner must carry out the exercise as aforesaid first and if his grievance still survives, he can approach the Court.

4. The writ petition, accordingly, stands closed. No costs. Consequently, M.P.No.1 of 2015 is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr

To 1.The Secretary to the Government of India, Ministry of Home Affairs, New Delhi.

2.The Secretary to the Government of India, Ministry of Tribal Affairs, New Delhi.

3.TheSecretary, Adi Dravidar and Tribal Welfare Department, St. George Fort, Chennai-600 009.

4.The Director of Tribal Welfare, Government of Tamilnadu, Chepauk, Chennai.

5.The District Collector, Dharmapuri.

6.The Revenue Divisional Officer, Harur, Dharmapuri District. 7.The Revenue Divisional Officer, Dharmapuri. 8.The Revenue Divisional Officer, Vellore, Vellore District. +1cc to M/s. T.L. Thirumalaisamy, CGSC S.R.No.32474 +1cc to M/s. M.Muthusamy, Advocate, S.R.No.32710 +1cc to the Government Pleader, S.R.No.32646 CA(CO) EU(08/07/2015) W.P.No.19232 of 2015