T.Arthi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2018

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12520 of 2018 and WMP No.14666 of 2018 T.Arthi .. Petitioner Vs.

1.The Secretary State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai 600 009.

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

3. Deputy Superintendent of Police, Social Justice and Human Rights Unit, SC/ST Vigilance Cell, Office of the Commissioner of Police, Coimbatore 18.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in Letter C.No.19/DSP/SC/ST/VIGILANCE CELL/CBE/18, dated 24.04.2018 and consequential Letter No.19/DSP/SC/ST/VIGILANCE CELL/CBE/18 dated 03.05.2018 to quash the same and consequently to declare the communal status ofthe petitioner as "Konda Reddy Schedule Tribe Community" based on the Community Certificate bearing R.Dis.10761/07 dated 17.04.2008 issued by Sub Collector, Pollachi in the light of the report of the Sub Collector, Pollachi made in Pa.Mu.666/2012 A3 dated 15.04.2016 and Confirmation Letter of the District Adi Dravidar and Tribal Welfare Officer, Coimbatore made in Na.Ka.No.1186/2012/Ko3 dated 20.04.2016.

For Petitioner : Mr.N.Naganathan For Respondents: Mr. M.Elumalai Government Advocate

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J) The challenge in this Writ Petition is to the notice issued by the 3rd respondent seeking to conduct enquiry regarding the genuineness of the Community Certificate issued to the petitioner.

2. Mr.M.Elumalai, learned Government Advocate takes notice for the respondents

3. It is seen from the reply of the petitioner dated 04.05.2018 that the verification was already conducted in 2016 itself and the authorities have concluded that the Community Certificate issued to the petitioner is a genuine one. This fact has also been brought to the notice of the 3rd respondent. Hence the 3rd respondent is directed to consider the said reply of the petitioner along with the earlier finding regarding the genuineness of the Community Certificate issued to the petitioner and pass appropriate orders on merits in accordance with law.

4. With the above observations and direction, the Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- V.O/Assistant Registrar(Rules) //True Copy// Sub Assistant Registrar To 1.The Secretary State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai 600 009.

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

3. The Deputy Superintendent of Police, Social Justice and Human Rights Unit, SC/ST Vigilance Cell, Office of the Commissioner of Police, Coimbatore 18.

+1cc to Mr.N.Naganathan, Advocate, S.R.No.33612 +1cc to the Government Pleader, S.R.No.33812 W.P.No.12520 of 2018 and WMP No.14666 of 2018 ev(co) cs/08/06/18