Madras High CourtWP(MD)/4086/2022dismissed

Thirumalaisamy v. The Chairman

2022-03-14Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No. 4086 of 2022 Thirumalaisamy .. Petitioner Vs 1.The Chairman, State Level Scrutiny Committee, Functioning at, Office of the Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai 600 009.

2.The Chairman, District Level Vigilance Committee, Functioning at, Office of the District Collector, Thoothukudi District.

3.The District Collector, Office of the District Collector, Tenkasi District.

4.The Tahsildar, Kadaiyanallur Taluk, Tenkasi District.

5.The Tahsildar, Ottapidaram Taluk, Thoohukudi District.

6.The Revenue Divisional Officer, Kadaiyanallur, Tenkasi District.

7.The Block Development Officer, Kadaiyanallur, Tenkasi District.

8.The Municipal Commissioner, Puliyangudi Municipality, Tenkasi District.

9.Vijaya .. Respondents 1/3

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to conduct enquiry and cancel the 'Community Certificate' obtained by the ninth respondent in certificate number TN-5202202021794 issued by the fifth respondent dated 05.02.2022 by considering his application dated 18.02.2022 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Balasubramani Special Government Pleader for R3 to R7 : Mr.M.Rajarajan for R8

ORDER

[Made by PARESH UPADHYAY, J.] The prayer in the petition is as quoted above. 2.

Learned advocate for the petitioner has made serious grievance against the ninth respondent, more particularly qua the caste certificate issued in her favour.

Though learned advocate for the petitioner has attempted to address the Court at length on merits, at the outset, it needs to be noted that this very petitioner had approached the Principal Bench of this Court with identical prayer in W.P.(MD)No. 3091 of 2022 and that petition was dismissed as withdrawn on 17 February 2022. We do not see any change of circumstance to entertain this petition.

Since the petitioner has already made necessary averments for the above and has also annexed a copy of the affidavit so also the order of the Principal Bench, the petitioner is not to be blamed for suppression of any material fact but on the basis of those facts, this petition can not be entertained. 5.

For the above reasons, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

ssm/45 To 1.The Chairman, State Level Scrutiny Committee, Functioning at, Office of the Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai 600 009.