N.Ravichandran v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.12.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.17387/2020 N.Ravichandran .. Petitioner
Versus
1.The Chairman State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat, Chennai 600 009.
2.The Director of Tribal Welfare Chepauk, Chennai 600 005.
3.The Deputy Superintendent of Police SC/ST Vigilance Cell, Social Justice & Human Rights Wing, Dharmapuri.
4.The Revenue Divisional Officer Dharmapuri.
.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent No.4 to issue Community Certificate to the petitioner and his children, viz., Swathi Ravichandran [aged 12] and Rakshana Ravichandran [aged 6] to the effect that they belong to ''Kurumans'' Scheduled Tribe. For Petitioner :
Mr.M.Radhakrishnan For Respondents:
Mr.S.Kamalesh Kannan Government Advocate
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
(1) By consent, the writ petition is taken up for final disposal and is disposed of by this order.
(2)Mr.S.Kamalesh Kannan, learned Government Advocate accepts notice on behalf of the respondents.
(3)The petitioner claims that he belongs to Hindu ''Kurumans'' Scheduled Tribe Community and submitted an application dated 21.08.2015 for issuance of Community Certificates to him as well as to his two children, viz., Swati Ravichandran and Rakshana Ravichandran, and the same came to be rejected by the 4th respondent vide order dated 28.11.2015. A challenge
was made to the said order by filing WP.No.18361/2016 and it was partly allowed with a direction, directing the 1st respondent herein to verify the application and forward the same to the 4th respondent to issue the Community Certificate. Accordingly, necessary action has been taken and for want of Vigilance Report, it was kept pending. Therefore, the petitioner, once again approached this Court by filing WP.No.23794/2019, praying for issuance of a writ of mandamus, directing the 2nd respondent therein, who is arrayed as the 3rd respondent herein, to send the vigilance report with regard to the community status of the petitioner to the 1st respondent and the said writ petition was disposed of by this Court directing forwarding of the Vigilance report by the 2nd respondent within a period of four weeks. (4)Mr.M.Radhakrishnan, learned counsel for the petitioner would submit that the 3rd respondent has prepared the Vigilance Report and he has forwarded the said report to the 2nd respondent, who in turn shall forward the same to the 4th respondent for taking appropriate action.
(5)This Court heard the submissions of Mr.S.Kamalesh Kannan, learned Government Advocate appearing for the respondents. (6)Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner in this writ petition, directs the 2nd respondent to forward the Vigilance Report submitted by the 3rd respondent to the 4th respondent within a period of four weeks from the date of receipt of a copy of this order and upon receipt of the same, the 4th respondent is directed to take appropriate proceedings and proceed further in accordance with law and complete the exercise as expeditiously as possible and not later than four weeks from the date of receipt of the Vigilance Report from the 2nd respondent.
(7)The writ petition stands disposed of accordingly. No costs.
Sd/- Asst. Registrar (CS) //True Copy// Sub Asst. Registrar AP To 1.The Chairman State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat, Chennai 600 009.
2.The Director of Tribal Welfare Chepauk, Chennai 600 005.
3.The Deputy Superintendent of Police SC/ST Vigilance Cell, Social Justice & Human Rights Wing, Dharmapuri.
4.The Revenue Divisional Officer Dharmapuri.
+1C.C. TO M/S. M.RADHAKRISHNAN, ADVOCATE SR.NO.39114/2020 WP.No.17387/2020 VSN-II VC (18/12/2020)