R.Susila Devi v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.20850 of 2021 R.Susila Devi
...Petitioner
Vs.
1. The Chairman, Tamil Nadu State Level Scrutiny Committee, And Principal Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Dindigul District, Dindigul.
3. The Deputy Director, Vigilance (South Zone), Employees Provident Fund, Organization, Barkatpura, Hydrabad - 500 027.
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent herein to dispose the appeal filed by the petitioner dated 29.07.2011. For petitioner : Mr.B.Kumarasamy For respondents : Mr.TNC.Kaushik Govt. Counsel (for R1 and R2)
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM,J) Mr.TNC.Kaushik, learned Government Counsel takes notice for the respondents 1 and 2. By consent, this writ petition is taken up for final disposal.
2.The prayer sought for in this writ petition is to direct the first respondent to dispose of the appeal of the petitioner, dated 29.07.2011.
3.The learned counsel for the petitioner Mr.B.Kumarasamy would submit that the petitioner belongs to Kattunnaicken community and she joined in the service of the third respondent based on the community certificate issued on 15.12.1984, however, the community certificate was cancelled by the second respondent on 08.07.1989. The order of the second respondent cancelling the community certificate of the petitioner was challenged. In W.A.No.2316 of 2009, the petitioner was directed to approach the State Level Scrutiny Committee. Accordingly, the petitioner has preferred an appeal to the first respondent on 29.07.2011. He further added that despite a direction of this Court in W.P.No.5862 of 2015 dated 27.06.2017, the appeal was not disposed of. He would further submit that it would suffice, if a suitable direction is issued to the first respondent to dispose of the appeal of the petitioner in a time frame.
4.Mr.TNC.Kaushik, learned Government Counsel appearing for the respondents 1 and 2 would state that the Deputy Superintendent of Police has submitted his reply on 15.03.2020 and the first respondent has called for a report from the District Collector. On instructions, the learned Government Counsel would state the appeal of the petitioner would be disposed of within a period of three months.
5.In the light of the above submission of the learned Government Counsel, we hereby direct the first respondent to dispose of the appeal preferred by the petitioner dated 29.07.2011, after providing ample opportunity of hearing to her, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar skn To
1. The Chairman, Tamil Nadu State Level Scrutiny Committee, And Principal Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Dindigul District, Dindigul.
3. The Deputy Director, Vigilance (South Zone), Employees Provident Fund, Organization, Barkatpura, Hydrabad - 500 027.
+1cc to Mr.B.Kumarasamy, Advocate, Sr.50952 +1cc to the Government Pleader, Sr.50859 W.P.No.20850 of 2021 SSI[co] NSK 25/10/2021