L.Shivalingam v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN L.Shivalingam ... Petitioner Vs.
1.The Director, Government of India, Ministry of Tribal Affairs, Gate No.5, Jeevan Tara Building, Sansad Marg, New Delhi - 110 001.
2.The Registrar General of India, NDCC-II, Building, Jai Singh Road, New Delhi - 110 001 (INDIA) 3.The Chairman, National Commission for Scheduled Tribes, 6th Floor, B - Wing, Loknayak Bhavan, Khan Market, New Delhi - 110 003.
4.The Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.
... Respondents Page No.: 1 of 6
PRAYER: Writ Petition Filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider and pass orders on petitioner's representation dated 08.03.2022 after giving an opportunity of personal hearing and within a time frame to be stipulated by this Court.
For Petitioner : Mr.K.Nithyashree For Respondents 1 to 3 : Mr.A.R.Sakthivel, SPC (CGSC) For 4th Respondent : Mr.P.Kumaresan, Additional Advocate General assisted by Mr.Vadivelu Deenadayalan, Additional Government Pleader ******
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner seeks a Writ of Mandamus directing the respondents to consider his representation dated 08.03.2022 seeking inclusion of Kuruma, Kuruman, Kurumban, Kurumba, Kurumbar and Kurumba Gounder as synonymous to Kuramans, a Scheduled Tribe Community on the basis of the recommendations of the Government of Tamil Nadu and several study reports of Anthropologists.
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2. By letter dated 12.04.2022, the petitioner has been informed that the claim for inclusion in the list of Scheduled Tribe communities will be considered only when they are recommended by the State Government/ Union Territory Administration. A letter dated 17.10.2023 addressed to the Secretary to the Government of India, Ministry of Tribal Affairs by the Secretary to Government, Adi Dravidar Tribal Welfare (CV1) Department of the Government of Tamil Nadu has been placed before us, wherein a recommendation is made to include Kuruman, Kurumba, Kurumba Gounder, Kurumban and Kurumbar as synonymous to Kurumans, a Scheduled Tribe Community.
3. The learned Standing Counsel appearing for the Central Government would submit that this recommendation has been forwarded to the Registrar General of India for further action.
4. The un-certainty that has been created by the inaction on the part of the Central Government has led to spate of writ petitions in this Court. Hence, in order to avoid further delay, there will be a direction to the respondents 1 to 3 to take suitable action on the recommendations of the Government of Tamil Nadu made in Letter No.13194/CV1/2007-58 dated 17.10.2023, within a period Page No.: 3 of 6
of four (4) months from the date of receipt of a copy of the order. The State of Tamil Nadu is required to forward a copy of the letter dated 17.10.2023 to the Director of Ministry of Tribal Affairs / 1st respondent for suitable action.
5. This Writ Petition is disposed of as above. No costs. (R.S.M.,J.) (C.K.,J.) 30.01.2025 dsa Index : No : No Speaking order Page No.: 4 of 6
To 1.The Director, Government of India, Ministry of Tribal Affairs, Gate No.5, Jeevan Tara Building, Sansad Marg, New Delhi - 110 001.
2.The Registrar General of India, NDCC-II, Building, Jai Singh Road, New Delhi - 110 001 (INDIA) 3.The Chairman, National Commission for Scheduled Tribes, 6th Floor, B - Wing, Loknayak Bhavan, Khan Market, New Delhi - 110 003.
4.The Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.
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R.SUBRAMANIAN, J.
and C.KUMARAPPAN, J.
dsa 30.01.2025 Page No.: 6 of 6