M.Ramakrishnan v. The Revenue Divisional
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P. Nos.28057 to 28059 of 2015 M. Ramakrishnan Petitioner in WP No.28057 of 2015 M. Perumal Petitioner in WP No.28058 of 2015 K. Narasimman Petitioner in WP No.28059 of 2015 Vs.
The Revenue Divisional Officer Dharmapuri Dharmapuri District 1st Respondent in all WPs The Director of Tribal Welfare, Chennai 5.
2nd Respondent in WP 28057, 28058/15 The Chairman Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai 600 009 2nd Respondent in WP 28059/15 Prayer in W.P. No.28057 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records in the order bearing no.Na.Ka6245/2013/A4 dated 10.07.2015 passed by the first respondent and quash the same and directing the first respondent to hold a proper enquiry on the basis of the cultural report on Kurumans sent by the second respondent vide his letter dated 18.02.2015 to the first respondent and decide the community status of the petitioner and his three children, R. Anandhi, R. Aditya and R.Harish, within a reasonable time.
Prayer in W.P. No. 28058 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records in the order bearing no.Na.Ka6245/2013/A4 dated 10.07.2015 passed by the first respondent and quash the same and directing the first respondent to hold a proper enquiry on
the basis of the cultural report on Kurumans sent by the second respondent vide his letter dated 18.02.2015 to the first respondent and decide the community status of the petitioner and his wife Pushpa within a reasonable time.
Prayer in W.P. No. 28059 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records in the order bearing no.Na.Ka6245/2013/A4 dated 10.07.2015 passed by the first respondent and quash the same and directing the first respondent to hold proper enquiry, examine the proceedings of the second respondent committee dated 28.04.2008 and 27.03.2014 relating to the blood relatives of the petitioner, viz., K. Devi and S. Kaviarasan and decide the community status of the petitioner and his three children, viz., Govarathinam, Kalpana and Karthi within a reasonable time. For petitioner in all the WPs Mr. M. Radhakrishnan For respondents in all the WPs Mr. N. Sakthivel, Govt. Advocate COMMON ORDER (delivered by SATISH K. AGNIHOTRI, J.) With consent, the writ petitions are taken up for final disposal.
In view of commonality of the issue involved herein, all the three writ petitions are considered and decided by this common order.
While the petitioners in W.P. Nos.28057 and 28059 of 2015 made applications before the first respondent seeking Kurumans (ST) community certificate to them and their children, the petitioner in W.P. No.28058 of 2015 made an application seeking such certificate for himself and his wife. The said applications were turned down by the first respondent by orders dated 10 July 2015. Feeling aggrieved, the petitioners have come up with the instant writ petitions.
Today, when the matters are taken up for hearing, the learned Government Advocate appearing for the respondents fairly submits that the authorities have noticed some discrepancies and irregularities in the impugned orders. Thus, the authorities be permitted to recall the impugned orders and take a fresh, reasoned and conscious decision on the petitioners'
applications, on merits and in accordance with law, within a period of six weeks.
In view of the above submission made by the learned Government Advocate, according to the learned counsel for the petitioner, nothing survives for adjudication in these writ petitions, at this stage.
Thus, recording the aforesaid submissions made by the learned counsel on either side, the writ petitions stand disposed of. Costs made easy. Connected Miscellaneous Petitions are closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cad To The Revenue Divisional Officer Dharmapuri Dharmapuri District The Chairman Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai 600 009 The Director of Tribal Welfare, Chennai 600 005.
+3 cc's to Mr.M.Radhakrishnan, Advocate, sr.57292 W.P. Nos.28057 to 28059 of 2015 sv co kra 30.11.2015