P.Shanthi v. The Secretary
2025:MHC:965
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. P.Shanthi 2.Dharani 3.Arun Kumar Petitioner(s) Vs
1. The Secretary The Tamil Nadu State Level Scrutiny Committee III, Adi Dravidar And Tribunal Welfare Department, Namakkal Kavingar Maligai, Chennai 600009.
2.Regional Provident Fund Commissioner II (ADM-1) Regional Office, Salem Steel Plant Road, Dalavaipatti, Salem 636002.
3.Assistant Provident Fund
Commissioner (OIC) Regional Office, Salem Steel Plant Road, Dalavaipatti, Salem 636002.
4.Employees Provident Fund Organisation Regional Office, Salem Steel Plant Road, Dalavaipatti, Salem 636002.
Respondent(s) PRAYER Calling for the entire records of the 1st respondent relating to the proceedings No.12023/CV-4(2)/ 2014-18 dated 24.08.2023 and quash the same. For Petitioner(s):
Mr.V.Sanjay For Respondent(s):
Mr.A.Selvendran SGP For R1 No Appearance R2 To R4
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The proceedings dated 24.08.2023 issued by the Tamil Nadu State Level Scrutiny Committee is under challenge in the present writ petition.
2. The 1 st petitioner is the wife of the Mr.K.Prakalanathan, son of Mrs.Saroja. Petitioners 2 and 3 are daughter and son of the 1 st petitioner. The
petitioners submitted an application seeking community certificate as "Hindu Sholaga", a Scheduled Tribe Community. However, the community certificate granted in favour Mr.K.Prakalanathan is found to be not genuine, prompting an inquiry by the State Level Scrutiny Committee.
3. The matter went to State Level Scrutiny Committee for conducting detailed inquiry. The State Level Scrutiny Committee afforded opportunities to all the parties. The documents and evidences produced by the parties were elaborately considered. The depositions recorded by the State Level Scrutiny Committee also has been taken into consideration for deciding the issues. Pertinently the findings of the State Level Scrutiny Committee reveals that Mrs. Saroja, mother of the late Mr.K.Prakalanathan, deposed that she worked at Thuthikulam Panchayat Union Elementary School and belongs to the "Hindu Sozhia Vellalar", a Backward Class community. Her spouse, Mr. Prakalanathan's father, also belongs to the same community. However, school records listed Mr. Prakalanathan's community as Hindu Sholaga, Scheduled Tribe community (Malai Jathi).
4. Upon further inquiry, Mrs.Saroja, testified before the State Level Committee that she was unaware why her husband had claimed their son belonged to the Hindu Sholaga community for school admission purposes. She affirmed that their family actually belongs to the Hindu Sozhia Vellalar community. Notably, Mrs. Saroja's husband originally migrated from Ceylon, and she was unfamiliar with his family details or ancestors.
5. The State Level Scrutiny Committee recorded the depositions of 15 local residents of Kalappanaickenpatti, Namakkal District, including President of Kalappanaickenpatti Panchayat on 18.10.1989. The local residents have testified that the father of Mr.K.Prakalanathan had passed away 20 years prior and his spouse, Mrs.Saroja, along with their son and daughter were residing in the aforesaid village. Crucially, the locals affirmed that the family of Mrs.Saroja belongs to Hindu Sozhia Vellalar, a Backward Class community and does not belong to "Hindu Sholaga", a Scheduled Tribe Community.
6. Pertinently, the local residents described the way of life and habit of Mrs.Saroja's family in the village. The habits prevailed amongst the family members and other aspects were also taken into consideration by the State level Scrutiny Committee. It is found that by the State Level Scrutiny Committee that the father of Mr.K.Prakalanathan and husband of Mrs.Saroja recorded his son's community as Sholaga in school records without any basis. The said entry made without any basis is found to be not genuine and therefore, the State Level Committee arrived at a conclusion that the petitioner has not established that their family belongs to "Hindu Sholaga", Scheduled Tribe Community.
7. The factual findings and documentary evidence recorded by the State Level Scrutiny Committee are sufficient to form an opinion that the family of the petitioners do not belong to "Hindu Sholaga", Scheduled Tribe Community (Malai Jathi).
8. This Court finds no infirmity in respect of the findings made by the State Level Scrutiny Committee, as the inquiry was conducted by affording full
opportunity to al the parties. The State Level Scrutiny Committee examined local residents and officials. Thus, there is no reason to interfere with the order impugned. Consequently, the Writ Petition stands dismissed. No costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 06-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Secretary The Tamil Nadu State Level Scrutiny Committee Iii, Adi Dravidar And Tribunal Welfare Department, Namakkal Kavingar Maligai, Chennai 600009.
2.Regional Provident Fund Commissioner Ii (adm-1) Regional Office, Salem Steel Plant Road, Dalavapatti, Salem 636002.
3.Assistant Provident Fund Commissioner (oic) Regional Office, Salem Steel Plant Road, Dalavapatti, Salem 636002.
4.Employees Provident Fund Organisation Regional Office, Salem Steel Plant Road, Dalavapatti, Salem 636002.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni 06-03-2025