K.Vinoth, v. The State Level Secrutiny

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition Nos.24045 and 24046 of 2016 W.P.No.24045/2016:

K.Vinoth

...Petitioner

W.P.No.24046/2016:

C.Paramasivam

...Petitioner

Vs.

1 The State Level Secrutiny Committee Rep. by its Chairman & Secretary to Government Adi Dravidar and Tribal Welfare Department Secretariat Chennai-600 009.

2 The Collector Dharmapuri District Dharmapuri.

3 The Revenue Divisional Officer Harur Dharmapuri District.

...Respondents

in both Writ Petitions Prayer in both writ petitions: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to permit the petitioners to file an appeal before the 2nd respondent against the order of rejection passed by the 3rd respondent dated 25.04.2012 in the light of the G.O.(Ms).No.235 Revenue (RA3(2)) Department dated 26.06.2015 and direct the 2nd respondent to complete the appeal process at an earliest.

For Petitioner in both Writ Petitions : Mr.S.Doraisamy For Respondents/ respondent : Mrs.A.Srijayanthi, in both Writ Petitions Special Government Pleader COMMON ORDER (Order of the Court was made by HULUVADI G. RAMESH,J.) Heard Mr.S.Doraisamy, learned Counsel for the petitioners and Mrs.A.Srijayanthi, learned Special Government Pleader representing the respondent(s).

2. The petitioners, challenge the impugned rejection order passed by the 3rd respondent dated 25.04.2012, in rejecting the request made by the petitioners to issue community certificate to them that they belong to Kurumans community, which is classified as a Schedule Tribe Community.

3. Admittedly, as against the impugned rejection order passed by the 3rd respondent, as per the Circular issued by the State Government in G.O.(Ms)No.147, Revenue [RA-3(2)] Department dated 17.03.2016, appeal remedy is available to the petitioners before the Appellate Authority, viz., District Collector concerned and if they are still aggrieved by the order passed by the District Collector, the petitioners have got a further remedy of revision, before the State Level Scrutiny Committee.

4. In view of the same, the petitioners are directed to approach the Appellate Authority, viz., the District Collector concerned, by way of an appeal, as against the impugned rejection order passed by the 3rd respondent dated 25.04.2012, within a period of one month from the date of receipt of a copy of this order. On such approach being made by the petitioners, it is for the authority concerned to enquire into the matter and pass appropriate orders thereon, in accordance with law, within a period of two months, thereafter, after affording an opportunity of hearing to the petitioners and considering all the documents produced by them.

5. With the above direction, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nvsri To 1 Chairman & Secretary to Government The State Level Secrutiny Committee Adi Dravidar and Tribal Welfare Department Secretariat Chennai-600 009.

2 The Collector Dharmapuri District Dharmapuri.

3 The Revenue Divisional Officer Harur Dharmapuri District 2 ccs to M/s.S.Doraisamy, Advocate, sr.39048, 39049 W.P.Nos.24045 and 24046 of 2016 rsy co kra 03.08.2016