V.Gunasekar v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN W.P.Nos.30787, 30789, 30791, 30792 and 30793 of 2019 V.Gunasekar ... Petitioner in W.P.No.30787 of 2019 M.Kesavan ... Petitioner in W.P.No.30789 of 2019 A.Perumal ... Petitioner in W.P.No.30791 of 2019 T.Ranjitha ... Petitioner in W.P.No.30792 of 2019 S.Ramesh ... Petitioner in W.P.No.30793 of 2019 .. Vs ..

The Revenue Divisional Officer, Kallakurichi, Villupuram District.

... Respondent in all W.Ps.

Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to conduct the enquiry along with the Head of the Anthropology Department, School of Social Sciences, University of Madras, Chepauk, Chennai - 600 005/Anthropologist, who has intimate knowledge in identifying the tribes in respect of the Scheduled Tribe Communities of Tamil Nadu as held by the Apex Court in 1994 SCC (6) 241 and (2012) 1 SCC 113 and also in the light of the enquiry conducted by the RDOs with the Anthropologist in respect of Villupuram, Tindivanam and Chengalpet District and issue the community certificates to the petitioners and their children in the respective writ petitions namely G.Aadhi, G.Aathiya and G.Arini based on the petitioner's application dated 08.05.2019 (W.P.No.30787 of 2019), K.Kalpana, K.Bhuvaneswari, K.Vennila, K.Badma, K.Manikandan and K.Parasuraman based on the petitioner's application dated 08.05.2019 (W.P.No.30789 of 2019), P.Vignesh and P.Vidhya based on the petitioner's application dated 08.05.2019 (W.P.No.30791

of 2019), T.Manikandan and T.Kaviya Sri based on the petitioner's application dated 08.05.2019 (W.P.No.30792 of 2019) and R.Anandhi, R.Aarthi and R.Anitha based on the petitioner's application dated 08.05.2019 (W.P.No.30793 of 2019), within a stipulated time.

For Petitioner ..

Mr.N.Naganathan in all W.Ps For Respondent ..

Mr.Akil Akbar Ali, Government Advocate in all W.Ps COMMON ORDER [The Order of the Court was made by M.M.SUNDRESH, J.] In view of the commonality of the issue involved in all these writ petitions, they have been taken up together and disposed of by a common order.

2.In all these cases, the petitioners made applications seeking issuance of certificate as one belonging to Hindu Katunayakkan Community, which is a Scheduled Tribe Community. Now, inasmuch as the applications made are stated to be still pending with the respondent, seeking appropriate orders, these writ petitions have been filed.

3.We have heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondent. 4.Learned Government Advocate appearing for the respondent would submit that in accordance with law, the applications of the petitioners will be considered and appropriate orders will be passed.

5.In such view of the matter, a direction is issued to the respondent to pass appropriate orders on the applications made by the petitioners by conducting enquiry, if so required, in the manner known to law. The aforesaid process will have to be completed within a period of three months from the date of receipt of a copy of this order.

6.With the aforesaid direction, all these writ petitions stand disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

Jrl To The Revenue Divisional Officer, Kallakurichi, Villupuram District.

+5 Ccs to Mr.N.Naganathan, Advocate sr 91246 +1 CC to Govt. Pleader sr 91514.

W.P.Nos.30787, 30789, 30791, 30792 and 30793 of 2019 RSY(CO) SP(19/11/2019)