S.Murugeshwari, v. The Chairman, Tamil Nadu State

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.6 of 2018 1.S.Murugeshwari 2.M.Jegadeeswaran 3.M.Uvaramu ... Petitioners Vs.

1. The Chairman, Tamilnadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, 3rd Floor, Secretariat, Chennai-09.

2. The District Collector, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Dindigul,

4. The Thasildar, Nilakottai Taluk,

5. The Join Registrar, Gandigram Rural Institute Deemed University, Gandhigram,

6. The Director, Gandigram Rural Institute Deemed University, Gandhigram, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 2 and 3 to dispose of 2nd petitioner's representation dated 17.11.2017 sent for issuance of Hindu

Malaivedan ST Community Certificate to the 2nd petitioner and his brother namely the 3rd petitioner herein clubbed along with the appeal filed by the 2nd and 3rd petitioner's mother namely the 1st petitioner herein dated 13.02.2017 pending on the file of the 2nd respondent within a time as fixed by this Court and consequently direct the respondents 5 and 6 not to insist the 2nd petitioner for the production of Hindu Malaivedan Scheduled Tribes Community Certificate till the disposal of the representation pending before the 2nd and 3rd respondents herein.

For Petitioners : Mr.B.Prahalad Ravi For Respondents 1 to 4 : Mr.D.Murugenanden Additional Government Pleader For Respondents 5 and 6 : Mr.MA.P.Thansaral

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J.) This writ petition has been filed to direct the respondents 2 and 3 to dispose of the second petitioner's representation for granting of Community certificate as Hindu Malaivedan Schedule Tribe Community.

2.The first petitioner is the mother of the petitioners 2 and 3 so far as the request made by the petitioners 2 and 3 for grant of Community Certificate as Hindu Malaivedan is concerned, the same has been rejected and clubbed with the first petitioner's appeal on 13.02.2017.

3.As against the said order, the petitioners can prefer an appeal to the Distict Collector/second respondent. The first petitioner has already filed an appeal, against the rejection order passed in her case. The said appeal is pending before the second respondent. The petitioners 2 and 3 are willing to prefer the appeal before the District Collector. But the learned counsel appearing for the petitioners requested one indulgence viz., the second petitioner is undergoing B.Sc Mathematics in Gandigram Rural Institute which is deemed University, because of rejection of the grant of the community certificate, the Institution had removal him from its rolls.

4.Since the petitioners have every right of appeal to the District Collector, we are of the view that till the appeal is disposed of, the second petitioner should be permitted to continue the course and accordingly, the writ petition is disposed of with the following directions:

"(i) The District Level Vigilance Committee is directed to dispose of the appeal petition filed by the petitioner on 13.02.2017 and pass orders on merits and in accordance with law. (ii) The petitioners 2 and 3 are directed to file the appeal petition against the order passed by the third respondent within a period of 2 weeks from the date of receipt of a copy of this order.

(iii) The District Level Vigilance Committee shall dispose of the appeal petitions on merits in accordance with law within a period of 4 weeks from the date of receipt of a copy of this order.

(iv) The second petitioner is permitted to continue his course of study in Gandigram Rural Institute (Deemed University) till orders are passed by the District Level Vigilance Committee in the appeal petition."

sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Chairman, Tamilnadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, 3rd Floor, Secretariat, Chennai-09.

2. The District Collector, Dindigul District, Dindigul.

3. The chairman, Distict Level Vigilance committee for Community Certificates, Office of the Distict Collector, Dindigul.

4. The Revenue Divisional Officer, Dindigul,

5. The Thasildar, Nilakottai Taluk, +1cc to Mr.B.Prahalad Ravi, Advocate Sr.No.49531 +1cc to Mrs. S. Srimathy, Advocate Sr.No.49420 MRN/VSG VB/SV/MMS/SAR4/05.03.2018/4P/8C W.P.(MD).No.6 of 2018 16.02.2018