R.Thiruvenkatarangan v. The Tamil Nadu State Level Scrutiny Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.05.2022

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN AND THE HONOURABLE MRS. JUSTICE S.ANANTHI WP.No.12080/2022 R.Thiruvenkatarangan ..Petitioner

Versus

1. The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 600 009, rep by its Chairman.

2. The Director, Tribal Welfare Department, Chepauk, Chennai 600 005.

3. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

4. The Deputy Superintendent of Police, Social Justice & Human Rights Division and District Vigilance Enquiry Division, Dharmapuri District, Dharmapuri.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus directing respondents 1 and 2 to proceed with the enquiry regarding genuineness of social status and verification of Kurichchan (ST) community certificate of the petitioner issued by the 3rd respondent dated 17.05.1996 within the time framed manner.

For Petitioner :

Mr.S.Doraiswamy For Respondents:

Mr.M.Bindran Additional Government Pleader

ORDER

[Order of the Court was made by R.MAHADEVAN, J]

(1) The present writ petition is filed for issuance of a writ of mandamus directing the respondents 1 and 2 to proceed with the enquiry regarding genuineness of social status and verification of Kurichchan (ST) community certificate of the petitioner issued by the 3rd respondent dated 17.05.1996 within the time framed manner.

(2) The case of the petitioner is that he belongs to Kurichchan Community which is classified as Scheduled Tribe Community. The petitioner states that he and his brother were issued with Community Certificates on 17.05.1996 stating that they belong to Kurichchan [ST] Community. On 15.07.2015, the petitioner submitted an application to the 3rd respondent seeking for issuance of Community Certificates to his children.

Since no order was passed, he filed WP.No.29213/2015 and this Court, vide order dated 13.10.2015, directed the respondents therein to dispose of the petitioner's application within a period of four weeks. On 15.03.2017, the 3rd respondent had informed the petitioner that the Community Certificate of the petitioner was sent to the 1st respondent for verifying the genuineness of the same and that, after the receipt of the report from the 1st respondent, final orders would be passed. As the 1st respondent did not send any report to the 3rd respondent till date, the petitioner is constrained to approach this Court by filing this writ petition.

(3) This Court heard the learned counsel for the petitioner and the learned Additional Government Pleader who accepts notice on behalf of the respondents and also perused the materials placed before it.

(4) Considering the facts and circumstances of the case and without going into the merits of the claim projected by the petitioner either in his representation dated 13.09.2021 or in this writ petition, directs the respondents 1 and 2 to complete the enquiry with regard to the genuineness of the social status and verification of the Community Certificate of the petitioner dated 17.05.1996 and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of eight weeks from the date of

receipt of a copy of this order and communicate the decision taken, to the petitioner herein.

(5) The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(OS) //True Copy// Sub Assistant Registrar AP To

1. The Chairman Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 600 009.

2. The Director, Tribal Welfare Department, Chepauk, Chennai 600 005.

3. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

4. The Deputy Superintendent of Police, Social Justice & Human Rights Division and District Vigilance Enquiry Division, Dharmapuri District, Dharmapuri.

+1cc to Mr.S.Doraiswamy, Advocate, S.R.No.3112 +1cc to the Government Pleader, S.R.No. 31266 [30/05/2022] WP.No.12080/2022 MG(CO) CT 12/05/2022