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Madras High CourtWP/13871/2019disposed of

M.P.Govindaraj v. State Of Tamil Nadu

2019-06-03Honourable Mr Justice R.Subbiah,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.13871 of 2019 M.P.Govindaraj S/o.Poondi

...Petitioner

Vs 1.State of Tamil Nadu represented by its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600009.

2.State Level Scrutiny Committee, represented by its Chairman and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600009.

3.The Director, Tribal Welfare Department, Chepauk, Chennai - 600005.

4.The Deputy Superintendent of Police, SC/ST Vigilance Cell, Villupuram Region, Villupuram.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 and 2 to proceed with the enquiry regarding genuineness of social status and verification of Malayali (ST) Community Certificate of the petitioner issued by the Revenue Divisional Officer, Kallakurichi, dated 20.04.2000 within a time frame.

For Petitioner :

Mr.C.Veera Raghavan For Respondents:

Mr.V.Shanmuga Sundar Special Government Pleade

O R D E R

[Order was delivered by R.SUBBIAH, J] Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to proceed with the enquiry regarding genuineness of social status and verification of Malayali (ST) Community Certificate of the petitioner issued by the Revenue Divisional Officer, Kallakurichi, dated 20.04.2000 within a time frame.

2. According to the petitioner, he belongs to Hindu Malayali Community, which is classified as Scheduled Tribe Community. In all his school records, his Community was mentioned as Malayali (ST) Community. Petitioner was selected through Tamil Nadu Public Service Commission for the post of Junior Revenue Assistant and the District Collector, Tuticorin, under proceedings in ROC.No.A4/103/2013 dated 22.02.2013 appointed him for the said post. On 13.03.2013, petitioner joined the service and presently, he is working at Sathankulam. The grievance of the petitioner is that even after lapse of five years, petitioner's service has not been regularized due to pendency of verification of his Community Certificate. Petitioner has also submitted a representation dated 15.10.2018 to the first respondent in this regard. However, no action has been taken on the petitioner's representation till date. Petitioner is in the verge of promotion. Having no other alternate remedy, petitioner has approached this Court by way of the present Writ Petition.

3. Heard learned counsel for petitioner and learned Special Government Pleader for respondents.

4. Considering the submissions made on either side, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 15.10.2018 and expedite the process of verifying the genuineness of petitioner's Community Certificate and pass appropriate orders on merits and in accordance with law at the earliest, preferably, within a period of eight weeks from the date of receipt of this order.

The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

gm To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600009.

2.The Chairman and Secretary to Government, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600009.

3.The Director, Tribal Welfare Department, Chepauk, Chennai - 600005.

4.The Deputy Superintendent of Police, SC/ST Vigilance Cell, Villupuram Region, Villupuram.

+1cc to Mr.C.Veera Raghavan, Advocate SR.No.45018 +1cc to Government Pleader SR.No.4498 Writ Petition No.13871 of 2019 SPD(CO) GMY(24/06/2019)