Madras High CourtWP/36715/2016disposed of

V.Settu v. The State Of Tamilnadu

2016-11-14Honourable Mr Justice V. Parthiban,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.36715 of 2016 and W.M.P.No.31558 of 2016 1 V.Settu 2 K.Palani 3 Kupendran 4 Jelandran 5 Mahendran 6 Devendran 7 N.Raman 8 Chennaiyan 9 Lakshmanan 10 K.Elumalai 11 R.Babu 12 R.Sujatha 13 Duraisamy Petitioners

Versus

1 The State of Tamilnadu Rep by its Secretary Department of Adi Drividar and Tribal Welfare St. George Fort Chennai-9.

2 The Director (Tribal) Department of Adi Diravidar and Tribal Welfare Post Box No.2854780 Chepauk Chennai-5.

3 The District Collector Office of District Collector Vengikkal Tiruvannamalai-606 604

4 Deputy Collector Cheyyar Office of Deputy Collector Cheyyar Tiruvannamalai District 5 District Adi-Dravidar and Scheduled Tribes Welfare Officer Tiruvannamalai Tiruvannamalai District 6 District Level Vigilance Committee Adi Diravidar and Tribal Welfare Department Tiruvannamalai District Tiruvannamalai Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to Na.Ka.No.A4/3535/2014 dated 19.7.2016 passed by the 4th respondent and quash the same as unconstitutional and consequently direct the 4th respondent to reconsider the petitioner's application for community certificate by availing the report of the anthropologist.

For petitioners : Mr.R.Sathishkumar For Respondents : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the petitioner and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, who is directed to take notice on behalf of the respondents.

2. The writ petition has been filed seeking issuance of a writ of certiorarified mandamus calling for the records relating to Na.Ka.No.A4/3535/2014 dated 19.7.2016 passed by the 4th respondent and quash the same as unconstitutional and consequently direct the 4th respondent to reconsider the petitioner's application for community certificate by availing the report of the anthropologist.

3. According to the petitioners, they belong to Malaikuravan Community which is recognized as Scheduled Tribe as per the Scheduled Castes and Scheduled Tribes Orders (Amendment Act), 1970 vide serial No.23 and their blood relatives are the holders of such certificates, but, when they applied for such certificates, their applications were pending for a long time and now, the same were rejected by way of the present impugned order and hence, the present writ petition has been filed.

4. As per the legal provisions, as against the impugned order of the Revenue Divisional Officer, an appeal remedy is available before the District Collector as per G.O.Ms.No.147, Revenue (RA-3(2) Department dated 17.3.2016. As such, we direct the petitioners to approach the appellate authority/District Collector, Thiruvannamalai District with regard to the issuance of community certificate to the effect that they belong to Malaikuravan (ST) Community, within one month from the date of receipt of a copy of this order and it is for the appellate authority/District Collector, Thiruannamalai District to take a decision in accordance with law within a further period of three months therefrom, after affording opportunity to the petitioner. With this direction, the writ petition is disposed of. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To:

1 The Secretary, The State of Tamilnadu Department of Adi Drividar and Tribal Welfare St. George Fort Chennai-9.

2 The Director (Tribal) Department of Adi Diravidar and Tribal Welfare Post Box No.2854780 Chepauk Chennai-5.

3 The District Collector Office of District Collector Vengikkal Tiruvannamalai-606 604 4 Deputy Collector Cheyyar Office of Deputy Collector Cheyyar Tiruvannamalai District 5 District Adi-Dravidar and Scheduled Tribes Welfare Officer Tiruvannamalai Tiruvannamalai District 6 District Level Vigilance Committee Adi Diravidar and Tribal Welfare Department Tiruvannamalai District Tiruvannamalai +1cc to Mr.R.Sathish Kumar, Advocate, S.R.No.65598 +1cc to the Government Pleader, S.R.No.65830 kji(CO) BB(27/12/2016) W.P.No.36715 of 2016