G.Sampath v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2016
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 34941 of 2016 & W.M.P. Nos. 30082 & 30083 of 2016 G. Sampath ..Petitioner Vs.
1.
The State of Tamil nadu, rep. by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.
The Chief Election Commissioner, Local Body Election, Secretariat, Government of Tamil Nadu, Chennai - 9.
The Returning Officer, Local Body Election, Villupuram District, Villupuram.
The District Collector, Collectorate, Villupuram District.
5.
Block Development Officer, Panchayat Unions, Rishivandium Panchayat, Villupuram District.
..Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records in G.O.Ms. No. 209 dated 16.09.2016 pertaining to the reservation of the Seerpathanallur Village Panchayat for Scheduled Tribes, quash the same, and consequently, direct the respondents to allow our panchayat in General category as conducted in the earlier election.
For Petitioner ::
Mr.A.B. Fathima Sulthana For Respondents::
Mr.T.M. Pappiah, Special Govt. Pleader for R1 & R4 Mr.B. Nedunchezhiyan for R2 & R3 Mr.I. Arokiasamy, Govt. Advocate for R5
O R D E R
The petitioner has come before this Court seeking to challenge the reservation of Seerpathanallur Village Panchayat for Scheduled Tribes. According to the petitioner, there is no one available with ST certificate in their village and that the Village Panchayat has also passed a resolution on 15.09.2016 demanding the Government not to allot their panchayat for Scheduled Tribe category. The petitioner further states that even the Headmaster of Government Higher Secondary School, Seerpathanallur Village Panchayat, Sankarapuram Taluk, had issued a certificate stating that there is no student, belonging to Scheduled Tribe community, studying in their school and there is also a Panchayat resolution to the effect that there is none belonging to the Scheduled Tribe community. However, without considering the population and without giving opportunity to the villagers, by virtue of G.O.No. 209 Rural Development and Panchayat Raj Department dated 16.09.2016, the Village Panchayat has been reserved for "Scheduled Tribe". Hence, the present writ petition.
Heard Mr.T.M. Pappiah, learned Special Government Pleader, who takes notice on behalf of respondents 1 and 4, Mr.B. Nedunchezhian, learned counsel, who takes notice for respondents 2 and 3 and Mr.I. Arokiasamy, learned Government Advocate, who takes notice for the 5th respondent. Merely based on the certificate issued by Headmaster of a school and the resolution passed by the Village Panchayat, the issue cannot be decided. However, the petitioner has submitted a representation on 19.09.2016 to conduct a survey and thereafter, to make reservation or de-reservation of the said Village Panchayat.
In such circumstance, though a larger relief is sought, considering the pendency of the representation of the petitioner dated 19.09.2016, with regard to the relief sought, the writ petition is disposed of directing the 2nd respondent to consider the said representation of the petitioner and pass orders, on
merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Connected W.M.P. is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nv To 1.
The Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.
The Chief Election Commissioner, Local Body Election, Secretariat, Government of Tamil Nadu, Chennai - 9.
The Returning Officer, Local Body Election, Villupuram District, Villupuram.
The District Collector, Collectorate, Villupuram District.
5.
Block Development Officer, Panchayat Unions, Rishivandium Panchayat, Villupuram District.
+1cc to Mr.B.Nedunchezhiyan, Advocate Sr.56670 +1cc to M/S.A.Fathima Sulthana, Advocate Sr.56725 +1cc to the Government Pleader Sr.56956 W.P. No. 34941 of 2016 rv[[co] srg 08/11/2016