Kalpana v. The District Level Vigilance Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Mr. JUSTICE N.SENTHILKUMAR Kalpana .. Petitioner Vs.

1.The District Level Vigilance Committee Rep. by the District Collector Collectorate Buildings Sathuvacharry, Vellore District 2.The District Adi Dravidar & Tribal Welfare Officer Vellore District Vellore 09 3.K.Bakyaraj 4.The Revenue Divisional Officer RDO Office, Gudiyatham Vellore District .. Respondents Review application filed under Order XLVII Rule 1 read with Section 114 of CPC praying to review the order dated 11.01.2024 passed in W.P.No.11308 of 2022.

For Petitioner : Mr.D.Thirumoorthy For Respondents 1, 2 and 4 : Mr.P.Balathandayutham Special Government Pleader 1/4

O R D E R

(Made by S.S.SUNDAR, J.) The petitioner in the review petition is the writ petitioner in W.P.No.11308 of 2022. The said writ petition was filed for the following relief :

"To call for the records relating to the order dated 04.04.2022 passed by the 2nd respondent in N.Ka.No.K5/3396/2021 and quash the same as well as quash the consequential order dated 16.06.2023 passed by the 4th respondent in Na.Ka.No.A1/940/2022."

2. Taking note of the fact that the District Level Vigilance Committee (DLVC) has passed an order cancelling the Community Certificate issued to the petitioner and the petitioner has challenged only the consequential proceedings in the writ petition, this Court, by order dated 11.01.2024, disposed of the writ petition, granting liberty to the petitioner to challenge the order of the DLVC by filing an appeal before the State Level Scrutiny Committee (SLSC). It is now brought to the notice of this Court that the order passed by the DLVC is final and there is no appeal remedy available to the petitioner, except to approach this Court under Article 226 of the Constitution of India. 2/4

3. Since the order of the DLVC is final and no appeal is provided before the SLSC, the observation that the petitioner is permitted to file an appeal before the SLSC as against the order of the DLVC, is not maintainable. Therefore, the observation made by us in the order dated 11.01.2024 in W.P.No.11308 of 2022 stands modified, by permitting the petitioner to challenge the order passed by the DLVC by filing a writ petition before this Court. Therefore, it is made clear that the petitioner is granted liberty to file a writ petition challenging the order passed by the DLVC. The respondents shall maintain status quo as regards the community status of the petitioner, for a period of three weeks from the date of receipt of a copy of this order.

With the above modification, this review petition is disposed of. No costs.

[S.S.S.R.,J.] [N.S., J.] 15.10.2024 Index : Yes/No gya 3/4

S.S.SUNDAR, J.

AND N.SENTHILKUMAR, J.

gya To 1.The District Collector District Level Vigilance Committee Collectorate Buildings Sathuvacharry, Vellore District 2.The District Adi Dravidar & Tribal Welfare Officer Vellore District Vellore 09 3.The Revenue Divisional Officer RDO Office, Gudiyatham Vellore District 15.10.2024 4/4