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Madras High CourtWP/12479/2018allowed

R.Karthikeyan, v. State Of Tamilnadu Rep By

2018-05-16Honourable Mr Justice R. Subramanian,Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2018

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12479 of 2018 and WMP No.14621 of 2018 R.Karthikeyan .. Petitioner Vs.

1. State of Tamil Nadu rep.by its Deputy Secretary to Government, Adi Dravidar and Tribal Welfare (CV-4(2)) Department, Secretariat, Chennai 600 009.

2. Tamil Nadu State Level Scrutiny Committee Rep by its Chairman cum Secretary to Govt., Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

3. The Director of Tribal Welfare, Chennai 600 005.

4. The Deputy Superintendent of Police, Social Justice & Human Rights Unit, SC-ST Vigilance Cell, Erode District, Erode.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Certiorari, calling for the records relating to the enquiry notice dated 01.02.2018, 13.04.2018 and 30.04.2018 on the file of the 4th respondent quash the same. For Petitioner : Mr.S.Doraisamy For Respondents: Mr.P.S.Siva Shanmuga Sundaram Special Government Pleader

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J) This Writ Petition has been filed to quash the enquiry notice dated 01.02.2016, 13.04.2018 and 30.04.2018 issued by the 4th respondent.

2. Mr. P.S.Siva Shanmuga Sundaram, Special Government Pleader takes notice for the respondents

3. The petitioner challenges the notice issued by the 4th respondent seeking verification of the Community Certificate issued to the petitioner. From the earlier proceedings, it is seen that pursuant to the order of this Court dated 31.01.2008 in WP No.1884 of 2008, the petitioner has surrendered his Community Certificate on 16.07.2008 itself. The father of the petitioner has also surrendered his Community Certificate on 01.07.2008. In view of the said admitted position, there is no question of verification of the Community Certificate issued to the petitioner. Hence, the Writ Petition is allowed, the impugned notices are quashed. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar To

1. The Deputy Secretary to Government, Government of Tamil Nadu Adi Dravidar and Tribal Welfare (CV-4(2)) Department, Secretariat, Chennai 600 009.

2. The Chairman cum Secretary to Govt., Tamil Nadu State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

3. The Director of Tribal Welfare, Chennai 600 005.

4. The Deputy Superintendent of Police, Social Justice & Human Rights Unit, SC-ST Vigilance Cell, Erode District, Erode.

+1cc to Mr.S.Doraisamy, Advocate sr.no.33629 +1cc to Government Pleader in sr.no.33813 W.P.No.12479 of 2018 and WMP No.14621 of 2018 skv(co) nr 07/06/2018