C.Loganathan v. The Tamil Nadu State Level Scrutiny Committee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA C.Loganathan ... Petitioner Vs.
1.The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 600 009.
rep. by its Chairman.
2.The Director, Tribal Welfare Department, Chepauk, Chennai - 600 005.
3.The Collector, Dharmapuri, Dharmapuri District.
4.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.
5.The Deputy Superintendent of Police, Social Justice & Human Rights Division and District Vigilance Enquiry Division, Dharmapuri District, Dharmapuri.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to dispose the second appeal preferred by the petitioner dated 10.02.2020 as per the G.O.Ms.No.147, Revenue Department, dated 17.03.2016 and to proceed with the enquiry regarding genuineness of social status and verification of Kurumans (ST) community of the petitioner within the time framed manner.
For Petitioner : Mr.S.Doraisamy For R1 to R5 : Mr.E.Vijay Anand, Additional Government Pleader
ORDER
(Order of the Court was delivered by V.M.VELUMANI, J.) The petitioner has come out with the present Writ Petition for a direction to the respondents 1 and 2 to dispose the second appeal preferred by the petitioner dated 10.02.2020 as per the G.O.Ms.No.147, Revenue Department, dated 17.03.2016 and to proceed with the enquiry regarding genuineness of social status and verification of Kurumans (ST) community of the petitioner within the time framed manner.
2. By consent of both the learned counsel appearing for the petitioner as well as Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondents, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the entire materials on record.
4. Learned counsel appearing for the petitioner submitted that the petitioner belongs to Kurumans (ST) Community and he is an agriculturist. He applied for issuance of Community Certificate for his son and daughter, namely, L. Logeshwaran and L. Gowsalya, on 27.02.2014 to the 4th respondent. After various representations and proceedings initiated, the petitioner filed second appeal before the 1st respondent challenging the order of the 3rd respondent dated 23.12.2019 rejecting his claim for issuance of Community Certificate. Since no order
has been passed, the petitioner has come out with the present Writ Petition seeking for the relief as prayed for.
5. Considering the nature of relief sought for and the second appeal filed by the petitioner is pending from 10.02.2020 with the 1st respondent, the 1st respondent is directed to consider the appeal filed by the petitioner and pass orders as expeditiously as possible in any event within a period of six (6) months from the date of receipt of a copy of this order.
6. With the above directions, the Writ Petition is disposed of. No costs.
(V.M.V.,J.) (R.H.,J.) 05.01.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga
To, 1.The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 600 009.
rep. by its Chairman.
2.The Director, Tribal Welfare Department, Chepauk, Chennai - 600 005.
3.The Collector, Dharmapuri, Dharmapuri District.
4.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.
5.The Deputy Superintendent of Police, Social Justice & Human Rights Division and District Vigilance Enquiry Division, Dharmapuri District, Dharmapuri.
V.M.VELUMANI, J.
and R. HEMALATHA, J.
bga 05.01.2023