V.Manickam v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Manickam .. Petitioner -vs1. Union of India, Rep. by the Director, Ministry of Tribal Affairs, Government of India, Shastri Bhawan, New Delhi 110 001.

2. State of Tamil Nadu, Rep. by the Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records in the order bearing F.No.12016/17/2019-C&LM dated 15.11.2019 passed by respondent No.1 and quash the same and consequently directing respondent No.1 to consider the recommendation dated 19.7.2014 sent by respondent No.2 to respondent No.1 by making an "independent analysis".

For the Petitioner :

Mr.M.Radhakrishnan For the Respondents :

Mr.S.Diwakar, Spl. Panel Counsel.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Radhakrishnan, learned counsel for the petitioner and Mr.S.Diwakar, learned counsel for the respondents.

2. The learned counsel for the petitioner submits that the synonymous names of Kurumans Scheduled Tribe community such as Kuruma, Kuruman, Kurumba, Kuruman Gounder, Kurumban and Kurumbar be included in the list of Scheduled Tribes of Tamil Nadu.

3. The learned counsel further submits that on 17.10.2023, recommendation has been made by the State Government to the Central Government.

4. The counter affidavit is filed by respondent No.1. It is stated that as there was no feedback from the State Government concerned, no further action could be initiated by the Ministry of Tribal Affairs.

5. Now, vide letter dated 17.10.2023, the recommendation has been made to respondent No.1. The respondent No.1 shall process the same as per the approved modality. The learned counsel for the

respondent No.1 submits that the same would be considered by the Central Government.

6. In light of the further developments that have taken place, no further orders are required to be passed at this stage. If within a reasonable time the process is not concluded, then the petitioner may agitate afresh.

With this observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The Director, Ministry of Tribal Affairs, Government of India, Shastri Bhawan, New Delhi 110 001.

2. the Principal Secretary to Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai 600 009.

21.12.2023