A.Muniappa v. The Tamil Nadu State Level Scrutiny
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN W.P. No. 24862 of 2019 A.Muniappa ... Petitioner -vs1.The Tamil Nadu State Level Scrutiny Committee Rep. by Chairman and Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Secretariat, Chennai - 09.
2.The Revenue Divisional Officer, Hosur, Krishnagiri District.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to declare the petitioner, his sons viz., M.Sudhakar, M.Karunakar and daughter M.Servamangalam and his granddaughter S.Shruthilayaa, D/o. M.Sudhakar as belonging to Hindu Kurichchan Scheduled Tribe community in the light of favourable reports of the Anthropologist dated 20.10.2017, the Vigilance Cell dated 12.12.2017 and the favourable findings of the first respondent committee dated 24.03.2015 declaring petitioner's father's sister's son and consequently direct the second respondent to issue community certificates in respect of the petitioner's two sons, daughter and granddaughter.
For Petitioner : Mr.Yogesh Kannadasan For Respondents : Mr.Akil Akbar Ali, Government Advocate
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the first respondent to declare the petitioner, his sons viz., M.Sudhakar, M.Karunakar and daughter M.Servamangalam and his granddaughter S.Shruthilayaa, D/o. M.Sudhakar as belonging to Hindu Kurichchan Scheduled Tribe community in the light of favourable reports of the Anthropologist dated 20.10.2017, the Vigilance Cell dated 12.12.2017 and the favourable findings of the first respondent committee dated 24.03.2015 declaring the petitioner's father's sister's son and consequently direct the second respondent to issue community certificates in respect of the petitioner's two sons, daughter and granddaughter, the present writ petition has been filed.
2. Though the petitioner sought for larger relief, from the affidavit filed by the first respondent, what is required to be done is to pass final orders, which would be passed within a period of two weeks. The following are the averments made in the status report:- "10. It is respectfully submitted that, the Committee took into account the following documents before deciding the community claim of the petitioner.
a. The District records, b. The report of Deputy Superintendent of Police, Vigilance Cell, Krishnagiri.
c. The Anthropologist report associated with the Vigilance Cell.
d. The documents produced by the individual.
e. Other records f. Deposition of the individual made during the enquiry g. the Views of the Member-Anthropologist Therefore, based on the above documents, the State Level Scrutiny Committee-II unanimously came to a conclusion that the claim of the petitioner Thiru.A.Muniappa, S/o. Thiru. Anumiah, as Scheduled Tribe Kurichchan Community is correct. Accordingly, the State Level Scrutiny Committee-II will issue proceedings in favour of the petitioner's
Kurichchan Community claim within two weeks time."
3. In such view of the matter, a direction is issued to the first respondent to pass appropriate orders as requested within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Chairman and Secretary to Government, Tamil Nadu State Level Scrutiny Committee Adi-Dravidar and Tribal Welfare Department, Secretariat, Chennai - 09.
2.The Revenue Divisional Officer, Hosur, Krishnagiri District.
+1cc to Mr.Yogesh Kannadasan, Advocate SR.NO.82492 +1cc to Government Pleader SR.NO. 82321 W.P. No. 24862 of 2019 ad(co) nr 31/10/2019