M.Giri Prasath v. The Principal Secretary To Government

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 25052 of 2025 and W.MP.No.28224 of 2025 M.Giri Prasath

...Petitioner

..Vs..

1. The Principal Secretary to Government (CV-4(1) Department, Secretariat

2. The Chairman State Level Scrutiny Committee III/ (CV-4(2) Department, Secretariat

3. The Assistant Commissioner of Police Social Justice and Human Rights Unit Old Armed Force Compound Line Medu, Salem-636 006.

...Respondents

2/6 PRAYER:The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 3 rd respondent made in impugned letter Na.Ka.No.33/Ka.Vu.Aa/SaNee(Ma)MavuP/Se.Ma/2025 dated 21.06.2025 and quash the same and consequently refrain the respondents from making verification into the petitioner's community status in the light of 2 nd respondent proceedings No.13897/CV-6/2020-5 and 13896/CV-6/2020-5 dated 28.01.2022. For Petitioner :

Mr.L.Chandrakumar For R1 & R2 :

Mr.R.Kumaravel Additional Government Pleader For R3 :

Mr.Babu Muthumeeran Additional Public Prosecutor

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for a Certiorarified Mandamus, to call for the records of the 3 rd respondent made in impugned letter Na.Ka.No.33/Ka.Vu.Aa/SaNee(Ma)MavuP/Se.Ma/2025 dated 21.06.2025 and quash the same and consequently refrain the respondents from making verification into the petitioner's community status in the light of 2 nd respondent proceedings No.13897/CV-6/2020-5 and 13896/CV-6/2020-5 dated 28.01.2022.

2. It is the case of the petitioner that he belongs to Hindu Konda Reddy community, which is classified as a Schedule Tribe(ST). He was issued a

3/6 community certificate by the Revendue Divisional Officer (RDO) Mettur Dam, Salem District bearing certificate bearing No.3542184, ROC.3686/04(D) dated 19.04.2004, based on his father's community certificate dated 27.10.1975 issued by the Tahsildar, Mettur Dam. The petitioner was appointed as a Clerk in Canara Bank on 11.07.2014 under the reservation quota for Scheduled Tribe candidates. The employer, upon due verification and satisfaction with the community certificates issued to the petitioner and his father by the RDO and the Tahsildar, respectively, appointed him under the ST quota. The petitioner's original community certificate was submitted to the bank and remains in the custody of the employer. He was subsequently promoted in the years 2017 and 2020 and is now working as a Senior Manager in Canara Bank at Perambalur District.

3. It is the further case of the petitioner that he was directed to appear for an enquiry pursuant to the impugned letter Na.Ka.No.33/ Ka.V7.Aa/SaNee(Ma)Ma VuP/Se.Ma/2025, dated 21.06.2025 issued by the 3rd respondent and the same is unwarranted. It is relevant to note that the petitioner's grandmother is Akkammal, daughter of Ramasamy. The said Ramasamy's own brother, Gurusamy, has a grandson named Sowmiyan has obtained a Konda Reddy community certificate on 12.09.1978 from the Tahsildar, Mettur Dam. Furthermore, his sons namely S.S.Dharineesh and S.Suhash were obtained an online community certificates TN-5202203218444 dated 13.07.2022 and TN-5202203218467 dated 13.07.2022 respectively from

4/6 the RDO, Ambattur respectively.

4. The said community certificates were referred to the SLSC pursuant to the orders passed by this Court in W.P No.13516 of 2019 dated 09.08.2019. Subsequently, the 2nd respondent declared the above said community certificates and social status of petitioner's aforesaid relatives as genuine through two separate proceedings No.13897/CV-6/2020-5 and 13896/CV6/2020-5 dated 28.01.2022 respectively. It is important to note that once the community certificates of a sibling or close relative have been verified and declared as genuine by the SLSC, it is unnecessary to conduct an enquiry repeatedly and no useful purpose will be served and amount to harassment of members belonging to the Scheduled Tribe community. A community certificate issued to a sibling or close relative is a significant piece of evidence in establishing the social status of the petitioner during verification. Therefore, the petitioner is constrained to file the present Writ Petition. 5.

Heard the learned counsel appearing for the petitioner, Mr.R.Kumaravel, learned Additional Government Pleader appearing for the respondents 1 & 2, and Mr.Babu Muthumeeran, learned Additional Public Prosecutor appearing for the 3rd respondent and perused the materials placed before this Court.

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6. Considering the facts and circumstances of the case, the petitioner is directed to appear before the 3rd respondent along with all the original documents, which he is relying and on verification of the same, the 3rd respondent shall conduct an enquiry, and pass appropriate orders, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 10.07.2025 Index: Yes/No Internet:Yes/No.

uma To

1. The Principal Secretary to Government (CV-4(1) Department, Secretariat

6/6 J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

uma

2. The Chairman State Level Scrutiny Committee III/ (CV-4(2) Department, Secretariat

3. The Assistant Commissioner of Police Social Justice and Human Rights Unit Old Armed Force Compound Line Medu, Salem-636 006.

W.P No.25052 of 2025 and W.M.P No.28224 of 2025 10.07.2025