Tamilnadu Kondayankottai v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.25990 OF 2021 Tamilnadu Kondayankottai Maravar Welfare Society, No.40/1, Dr.Subba Rao Nagar, Gandhi Road, Choolaimedu, Chennai- 600 094, Rep by it's President, S.Seenipandian.
... Petitioner .Vs.
1.
The Chief Secretary, The Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.
The Secretary, The Ministry of Social Justice and Empowerment, The Government of India, New Delhi.
3.
The Secretary, The Ministry of Administrative Reforms and Public Grievances, The Government of India, Sardar Patel Bhawan, Sansad Marg, Police Colony, Connaught Place, New Delhi - 111 001.
4.
The Development and Welfare Board for NTDNTs, The Ministry of Social Justice, The Government of India, New Delhi.
5.
The National Commission for Backward Classes, Trikoot-1, Bhikaji Kama Place, New Delhi - 110 066.
... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing, the 1st respondent to take steps to conduct a house hold survey of Denotified Communities/Tribes in the State of Tamilnadu as directed in DO No.11020/2/2020-DWBDNC dated 18.8.2020 of the 2nd respondent in order to enable the Denotifed Communities/Tribes of Tamilnadu to access the services and benefits of development programs of the Government of India.
For Petitioner : Mr.U.Kasipandian For Respondent R1 : M/s.C.Sangamithirai Special Government Pleader For Respondents : Mr.R.Gurunathan R2 & R3 Additional Government Pleader For Respondents : No Appearance R4 & R5
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1st respondent to take steps to conduct a house hold survey of Denotified Communities/Tribes in the State of Tamilnadu as directed in DO No 11020/2/2020DWBDNC dated 18.8.2020 of the 2nd respondent in order to enable the Denotifed Communities/Tribes of Tamilnadu to access the services and benefits of development programs of the Government of India.
2. The case of the petitioner is that the petitioner's association is an registered association under Societies Registration Act for the welfare and development of De-notified Communities/Tribes in general and Maravars in particular. The Government of India is committed to provide basic rights to the deprived communities and also to conduct a survey of such households throughout the country through the respective State Government. The survey is proposed to be a household survey of De-notified Tribes identified in respective States. The list of those identifies Tribes is also forwarded to the respective State Government vide the aforesaid reference DO No.11020/2/ 2020-DWBDNC of the Secretary, Ministry of Social Justice and Empowerment, Government of India, New Delhi dated 18.08.2020 of the 2nd respondent and it also directed the 1st respondent to entrust the responsibility of conducting the said household survey of De-notified Tribes in the State of Tamilnadu to a
department or organization of the State of Tamilnadu, so that the Government of India can build up a database on or before 31.12.2020 and also the cost of the data collection can be met by the Central Government. However, till date he 1st respondent has not complied with the above direction of the 2nd respondent. Hence, the petitioner society sent representation to the 1st respondent on 08.09.2021 to conduct a household survey of De-notified Communities/Tribes in the State of Tamilnadu, however, till date no steps were initiated by the 1st respondent. Hence, this writ petition.
3. The learned counsel appearing for the petitioner submits that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 08.09.2021 and to implement the direction in DO.No.11020/2/2020DWBDNC dated 18.08.2020 of 2nd respondent and to pass appropriate orders.
4. The learned Special Government Pleader submitted that the status report in respect of the implementation of DO.No.11020/2/ 2020-DWBDNC dated 18.08.2020 of the 2nd respondent will be intimated to the petitioner within a period of sixteen weeks.
5. In view of the conceding stand of the learned Special Government Pleader, this Court directs the 1st respondent to communicate the status report with regard to the implementation of 2nd respondent order in DO.No.11020/2/2020-DWBDNC dated 18.08.2020 to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.
6. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar skt To 1.
The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.
The Secretary, The Ministry of Social Justice and Empowerment, The Government of India, New Delhi.
3.
The Secretary, The Ministry of Administrative Reforms and Public Grievances, Government of India, Sardar Patel Bhawan, Sansad Marg, Police Colony, Connaught Place, New Delhi - 111 001.
4.
The Development and Welfare Board for NTDNTs, The Ministry of Social Justice, Government of India, New Delhi.
5.
The National Commission for Backward Classes, Trikoot-1, Bhikaji Kama Place, New Delhi - 110 066.
+1cc to Mr.U.Kasipandian, Advocate, S.R.No.64522 +1cc to the Government Pleader, S.R.No.64859 W.P.NO.25990 OF 2021 MG(CO) PBS/06/01/2022