L.Vincent v. The Chief Secretary To The Government
2024:MHC:2538
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH L.Vincent .. Petitioner vs 1.The Chief Secretary to the Government, Government of Tamilnadu Secretariat, Chennai - 600 009.
2.The Principal Secretary to the Government, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009.
3.The District Collector, Tiruvallur District, Master Plan Complex, NH 205, Tiruvallur District - 600 201.
4.The Thasildar, Avadi Taluk, Avadi, Chennai - 600 054.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records in Na.Ka.No.BCWTLR/34/2023-W and quash the order dated 10.05.2023 issued by the 3rd respondent and direct the respondents to issue 'No Caste Christian' certificate to the petitioner.
For Petitioner :
Mr.J.Chelladurai Cladwell For Respondents :
Mr.U.Baranidharan Additional Government Pleader
ORDER
The petitioner states that he is a Christian by birth. He is of the firm view that caste is not a part of the Christian religion as it does not find 1/4
mention anywhere in the bible. Hence he wishes to distance himself from the concept of caste and had made a representation to R4 / Tahsidar, Avadi for issuance of 'Casteless Christian Certificate'. 2.
R4 had passed an order on 20.07.2022 citing lack of Government Order on the basis of which the said certification may be issued.
3.
The petitioner had challenged the above order in W.P.No.29473 of 2022, wherein the defence of the respondent was that the writ petition was not maintainable as there is an appeal provision available.
4.
Since the petitioner had, in the meantime, already made a representation before R3, R3 was directed to consider representation as though it was an appeal and dispose the same within the time frame fixed by this Court. Additionally the petitioner had also filed an appeal on 27.02.2023, which came to be rejected by way of the impugned order dated 10.05.2023 stating that there is no provision or guideline for issuance of the certificate sought. The petitioner has again made a representation on 03.07.2023 again seeking issuance of Casteless Christian Certificate, which is stated to be pending. 5.
During pendency of this writ petition, a letter has been received from R2 being the Principal Secretary to the Revenue and Disaster Management Department, addressed to the Principal Secretary to the Tamil Nadu Backward Commission (a copy of which has been addressed to the petitioner as well), seeking views of the Commission on 2/4
the application of the petitioner for Casteless Christian Certificate. 6.
In light of the same and taking note of letter dated 21.12.2023 issued by the Commission, I see no reason to either intervene in the impugned order or to keep this writ petition pending any further. Let R2 conduct enquiry into the matter assisted by the reports solicited from the Tamil Nadu Backward Commission and pass orders on the representation of the petitioner dated 03.07.2023 expeditiously and in accordance with law, after hearing the petitioner. 7.
Writ petition stands disposed in terms of this order. No costs. 04.07.2024 Index:Yes/No ssm To 1.The Chief Secretary to the Government, Government of Tamilnadu Secretariat, Chennai - 600 009.
2.The Principal Secretary to the Government, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009.
3.The District Collector, Tiruvallur District, Master Plan Complex, NH 205, Tiruvallur District - 600 201.
4.The Thasildar, Avadi Taluk, Avadi, Chennai - 600 054.
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DR. ANITA SUMANTH,J.
ssm 04.07.2024 4/4