R.Ramesh, v. State Of Tamil Nadu,
IN THE JUDICATE OF MADRAS HIGH COURT
DATED : 14.02.2018
CORAM
THE HON'BLE MR.JUSTICE R.SUBBIAH and THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.2482 of 2018 1.R.Ramesh 2.R.Manimegalai 3.R.Uma Maheswari 4.R.Ragothaman 5.R.Boobalan 6.R.Anabalagan
...Petitioners
Vs.
1.State of Tamil Nadu rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare CV-4(1) Department, 2.State Level Caste Scrutiny Committee, rep. by its Chairman and Secretary to Government, Adi Dravidar and Tribal Welfare (CV-4(1) Department, 3.The Director of Tribal Welfare, Chepuak, Chennai-600 005.
... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the respondents to proceed with the enquiry and pass orders regarding verification of Kattunayakan (ST) Community certificate of the petitioners within the time framed manner.
For Petitioner : Mr.S.Doraisamy For Respondents: Ms.Thangavadhana Balakrishnan, GA
JUDGMENT
(Judgment of the Court was delivered by R.SUBBIAH, J.,) This writ petition has been filed seeking to direct the respondents to proceed with the enquiry and pass orders regarding verification of Kattunayakan (ST) Community certificate of the petitioners within a time limit. 2.In the affidavit filed in support of the writ petition it has been averred by the petitioners that the petitioners are brothers and sisters. The petitioners 2 & 3 are the younger
sisters, petitioners 4 & 5 are the younger brothers and 6th petitioners is the elder brother of the 1st petitioner. They belong to Kattunayakan community, which is notified as a Schedule Tribe Community. The 1st petitioner is working as Driver in Southern Railway and he submitted an application to the District Collector, Villupuram to verify his community certificate. On 19.09.2006, the District Collector, Villupurm forwarded entire papers and community certificates of the petitioners to the 2nd respondent for the final disposals. Thereafter, the 2nd respondent ordered to conduct vigilance cell enquiry and sent a detail report to the State Level Scrutiny Committee. The petitioner have also appeared before the Vigilance Cell officers and full fledged enquiry was conducted.
It is further stated by the petitioners that the Vigilance Cell officer sent his report to the 3rd respondent. The concerned District Anthropologist also conducted spot enquiry and gave a report to the 3rd respondent. However, till date no order has been passed by the respondents with regard to the community certificate of the petitioners.
3.Heard both sides and perused the materials available on record.
4.Considering the limited scope of the prayer sought for in this writ petition, this Court directs the respondents to proceed with the enquiry and to pass orders regarding verification of Kattunayakan (ST) community certificate of the petitioners, on or before 30.04.2018. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioners and it is for the respondents to pass orders strictly on merits and in accordance with law. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS II) Dated: 20.02.2018 * Corrected order to be issed Sd/- Sub Assistant Registrar Dated: 27.02.2018 //True Copy// Sub Assistant Registrar To, 1.The Secretary to Government, To be substituted for State of Tamil Nadu the order already Adi Dravidar and Tribal Welfare despatched on 23.02.2018 CV-4(1) Department,
2.The Chairman and Secretary to Government, State Level Caste Scrutiny Committee, Adi Dravidar and Tribal Welfare (CV-4(1) Department, 3.The Director of Tribal Welfare, Chepuak, Chennai-600 005.
+1cc to Government Pleader Sr.No.11768 +1cc to Mr.S.Doraisamy, Advocate SR.No.11807 W.P.No.2482 of 2018 SSI(CO) sm:21.2.2018 SP(27/02/2018)