Raja.A v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI A.Raja ... Petitioner Vs.

1.The Chairman, State Level Caste Scrutiny Committee, Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-9.

2.The Director, Tribal Welfare, Chepauk, Chennai-5.

3.The Deputy Superintendent of Police, SC/ST-Vigilance Cell, Office of the District Adi Dravidar and Tribal Welfare Officer, Madurai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to complete the enquiry of the genuineness of the petitioner's Community Certificate in terms of the letter No.20235/CV.III/2018-1, dated 22.10.2018 within the time stipulated by this Court. For Petitioner : Mr.M.Suresh Kumar For Respondents : Mr.K.P.Krishnadass Special Government Pleader

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.M.Suresh Kumar, learned Counsel appearing for the petitioner and Mr.K.P.Krishnadass, learned Additional Government Pleader appearing for the respondents.

3.This writ petition has been filed for a Writ of Mandamus, directing the respondents to complete the enquiry of the genuineness 1/3

of the petitioner's Community Certificate in terms of the letter No.20235/CV.III/2018-1, dated 22.10.2018.

4.It is seen that the petitioner was issued with a certificate, certifying that he belongs to Kattunayakan community. The petitioner had been selected as Assistant and posted in the office of the District Revenue Office, Erode. As per the procedure, the genuineness of the community certificate has been sent for verification by the DRO vide proceedings dated 20.09.2018. However, till date, no action has been initiated by the State Level Vigilance Committee. Further, we find that the Additional Chief Secretary, vide letter dated 22.10.2018, requested for expeditious verification of the genuineness of the petitioner's community certificate. Since there has been a stalemate since 2018, the petitioner is before this Court.

5.The learned Special Government Pleader submitted that more than 6000 applications are pending before the State Level Vigilance Committee and there are three stage committees that are continuously examining the genuineness and the claims for issuance of fresh certificates, appeals etc.

6.In any event, when there is a request made by a Government department for verification of genuineness, priorities should be given so also when applications are made for issuance of community certificate, especially for children who are completing 10th or 12th standard. Therefore, we direct the State Level Vigilance Committee to give priority to the petitioner's case and cause verification in the manner known to law and pass final order after affording opportunity to the petitioner within a period of three [3] months from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

MR 2/3

To 1.The Chairman, State Level Caste Scrutiny Committee, Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-9.

2.The Director, Tribal Welfare, Chepauk, Chennai-5.

3.The Deputy Superintendent of Police, SC/ST-Vigilance Cell, Office of the District Adi Dravidar and Tribal Welfare Officer, Madurai.

+1 CC to M/s.SPL GP ( SR-17373[F] dated 23/04/2021 ) +1 CC to M/s.M.SURESH KUMAR, Advocate ( SR-17481[F] dated 26/04/2021 ) ORDER MADE IN 22.04.2021 GS (11.06.2021) 3P 6C 3/3