V.M.Jayaraj, President Of The v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.M.Jayaraj ..
Petitioner Vs.
1. The Union of India Represented by the Department of Social Welfare Room No.740, 'A' Wing, Shastri Bhawan Dr. Rajendra Prasad Road New Delhi 110 001.
2. The Government of Tamil Nadu Rep. by its Secretary Department of Backward Classes, Most Backward Classes and Minorities Welfare Department Fort St.George Chennai 600 009.
3. The Assistant Commissioner for Linguistic Minorities Ministry of Minority Affairs Southern Zone, Rajaji Bhavan, E-Wing B-Block, II Floor, Besant Nagar Chennai - 600 090.
4. The Commissioner Tamil Nadu Commission for Backward Classes 212, Ramakrishna Madam Salai Mayilapur, Chennai 600 004.
5. The Commissioner Directorate of Backward Classes Welfare Exhilagam, Annexe Building II Floor Kamarajar Salai, Chepauk Chennai 600 005.
6. The Collector of Nilagiri District Udhagamandalam Nilagiri District.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents herein to amend the list of Backward Classes by including the Nilagiri district at serial Number 28 of the list along with Kanyakumari and the Shenkottah Taluk in Tirunelveli District and consequently recognise the Ezhuva and Thiyya Community prevalent in the Nilagiri District as a backward class and issue the Community Certificate to the effect. For the Petitioner : Mr.P.V.Ravichandran For the Respondents : Mr.P.G.Sathish Kumar for R1 Mr.P.Muthukumar State Government Pleader assisted by Mr.K.Karthik Jagannathan Government Advocate for R2, R4, R5 & R6
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.P.V.Ravichandran, learned counsel for the petitioner, Mr.P.G.Sathish Kumar, learned counsel for respondent 1 and Mr.P.Muthukumar, learned State Government Pleader assisted by Mr.K.Karthik Jagannathan, learned Government Advocate for respondents 2, 4, 5 & 6.
2. The petition is filed seeking a direction against the respondents to amend the list of Backward Classes by including the Nilgiris District at Serial Number 28 of the list along with Kanyakumari and Shenkottah Taluk in Tirunelveli District and consequently recognize the Ezhuva and Thiyya Community, prevalent in the Nilgiris District, as a backward class and issue Community Certificate to that effect.
3. Learned State Government Pleader submits that under the Government Order in G.O.Ms.No.85, Backward Classes, Most Backward Classes and Minorities Welfare Department, dated 29.07.2008, the Ezhuva Community has been notified as a Backward
Class in Tamil Nadu and under the G.O.Ms.No.55, dated 15.07.2020, the Thiyya Community has been notified as a Backward Class in S.No.109-A.
4. In the light of the above, the major grievance of the petitioner stands redressed. If the petitioner has any further grievance, the petitioner may approach the Tamil Nadu Backward Classes Commission.
5. With these observations, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :
Yes/No :
Yes/No drm
To
1. The Department of Social Welfare The Union of India Room No.740, 'A' Wing, Shastri Bhawan Dr. Rajendra Prasad Road New Delhi 110 001.
2. The Secretary The Government of Tamil Nadu Department of Backward Classes, Most Backward Classes and Minorities Welfare Department Fort St.George Chennai 600 009.
3. The Assistant Commissioner for Linguistic Minorities Ministry of Minority Affairs Southern Zone, Rajaji Bhavan, E-Wing B-Block, II Floor, Besant Nagar Chennai - 600 090.
4. The Commissioner Tamil Nadu Commission for Backward Classes 212, Ramakrishna Madam Salai Mayilapur, Chennai 600 004.
5. The Commissioner Directorate of Backward Classes Welfare Exhilagam, Annexe Building II Floor Kamarajar Salai, Chepauk Chennai 600 005.
6. The Collector of Nilagiri District Udhagamandalam Nilagiri District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) W.P.No .42333 of 2016 26.07.2023