A.Ramesh Manikandan v. The National Commission For Scheduled Castes
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR A.Ramesh Manikandan ..
Petitioner v.
1. The National Commission for Scheduled Castes 5th Floor, Loknayak Bhawan Khan Market, New Delhi 110 003
2. The District Collector Chennai Metropolitan City Collectorate, Chennai 600 001
3. The Scheduled Castes & Scheduled Tribes Welfare Office Chennai Collectorate Chennai 600 001
4. Mr.M.Rajini @ Real ma Rajini
5. Mrs.Manju
6. Mr.Jacob ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the 2nd & 3rd respondents to take necessary action as procedure of law on the petitioner's
complaint letter dated 23.08.2022 to cancel the SC community certificate fraudulently got by the 4th, 5th & 6th respondents. For Petitioner ::
Mr.A.Ramesh Manikandan (P-in-P) For Respondents ::
Mr.T.V.Krishnamachari Senior Panel Counsel for Central Govt for R1 Mrs.V.Yamuna Devi Special Government Pleader for R2 & R3 Mr.A.J.Mohamed Kassim for R4 to R6
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner has filed this writ petition for issuance of a mandamus directing the respondents 2 and 3 to take necessary action as per procedure of law on the petitioner's complaint letter dated 23.08.2022 and to cancel the community certificate, which was allegedly obtained by the respondents 4 to 6 by playing fraud. However, the respondents 4 to 6 have also questioned the community status of the petitioner, on the premise that he has also obtained a fake certificate by suppressing the fact that he is not a person who belongs to Scheduled Caste.
2. The petitioner, who is present before this Court, has submitted that
the petitioner had already surrendered the Scheduled Caste community certificate obtained by him and he now admits that he belongs to Yadava community, which is notified as Backward Class. The statement made by the petitioner is recorded.
3. As regards verification of the community certificate of the respondents 4 to 6, the learned Special Government Pleader appearing for the respondents 2 & 3 has produced before this Court the status report filed by the third respondent to show that the verification of the community certificate issued to the respondents 4 to 6 has now been referred to the District Level Vigilance Committee to find out its genuineness. There is an undertaking that the enquiry will be conducted in accordance with the judgment of the Hon'ble Supreme Court in Kumari Maduri Patil's case as well the Government orders.
4. Having regard to the admitted facts, the District Collector, Chennai District is directed to ensure verification of the community certificate issued to the respondents 4 to 6 in the manner known to law, complying with the
directions of the Hon'ble Supreme Court and this Court as well the Government orders, and appropriate orders be passed by District Level Committee, after granting an opportunity of hearing to the respondents 4 to 6, within a period of sixteen weeks from the date of completion of the ensuing election process. With this observation, the writ petition stands disposed of. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 21.03.2024 ss To
1. The National Commission for Scheduled Castes 5th Floor, Loknayak Bhawan Khan Market New Delhi 110 003
2. The District Collector Chennai Metropolitan City Collectorate, Chennai 600 001
3. The Scheduled Castes & Scheduled Tribes Welfare Office Chennai Collectorate Chennai 600 001
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 21.03.2024