K.Chinnasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/9/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. Nos.26227 and 26228 of 2015 K. Chinnasamy ...

Petitioner in W.P.No.

26227 of 2015 a n d R.Narasimman ...

Petitioner in W.P.No.

26228 of 2015 Vs

1. The Revenue Divisional Officer Dharmapuri Dharmapuri District.

2. The Chairman Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai 600 009.

...

Respondents in both the petitions.

Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking for the issuance of writs of certiorarified mandamus to call for the records in the order bearing No.Na.Ka.6245/2013/A4 dated 10/7/2015 passed by the first respondent and quash the same and direct the first respondent to hold proper enquiry, examine the proceedings of second respondent Committee dated 28/4/2008 and 27/3/2014 relating to the blood relatives of the petitioner namely, K.Devi and S. Kaviarasan and decide the community status of the petitioner within a reasonable time. For petitioners : Mr.M.Radhakrishnan For respondents : Mr.N. Sakthivel Government Advocate https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R (delivered by SATISH K. AGNIHOTRI,J.,) With the consent of the parties, the writ petitions are taken up for final disposal.

2. The instant writ petitions are filed, assailing the correctness of the orders dated July, in Na.Ka.No.6245/2013/A4, whereunder, the applications of the petitioners for grant of "Kurumans" (ST) community certificate to them, were rejected.

3. According to the learned counsel for the petitioners, the first respondent has rejected the petitioners' applications, in a casual and cryptic manner, without conducting proper enquiry, as laid down by the Supreme Court in a catena of decisions.

4. Mr.N. Sakthivel, learned Government Advocate submits that both orders which are sought to be impugned herein have been recalled and as such, the impugned orders may be treated as no order.

5. Be that as it may, in view of the decision taken by the authority, as aforestated, the impugned orders are quashed. The authorities are directed to conduct a fresh enquiry, take a proper decision and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. These writ petitions are disposed of accordingly. Costs made easy.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar mvs.

To

1. The Revenue Divisional Officer Dharmapuri Dharmapuri District.

2. The Chairman Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai 600 009.

+1 cc to Mr.M.Radhakrishnan, Advocate, sr.50459 skv co, kra 1/10 W.P. Nos.26227 and 26228 of 2015 https://hcservices.ecourts.gov.in/hcservices/