D.Thirupathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr. Justice. S.MANIKUMAR and The Hon`ble Mr.Justice G.CHOCKALINGAM WP(MD) No.1355 of 2015 D.THIRUPATHI ... PETITIONER Vs 1 THE DISTRICT COLLECTOR TIRUNELVELI DISTRICT, TIRUNELVELI.
2 THE TAHSILDAR SHENGOTTAI TALUK, TIRUNELVELI DT. RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction particularly in the nature of writ,calling for the records pertaining to the impugned order passed by the 2nd respondent in A5/9381/2014 dated 17.12.14 quash the same and consequently direct the respondents to issue the community certificate to the petitioner's children as Hindu Kavara Scheduled Caste Community within the time stipulated by this Honourable Court. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S J.
NISHA BANU, Advocate for the petitioner and of MR.N.MANOHARAN Special Government Pleader on behalf of the Respondents the court made the following order:- On 05.02.2015 this Court directed the District Level Vigilance Committee to look into the request of the petitioner for issuance of Scheduled Caste community certificate within two months from the date of communication of the order. It was further directed that a compliance report should be submitted atleast three days before the date fixed for reporting compliance i.e., on 15.04.2015. Thus, the matter is listed today.
2. On the basis of instructions and letter dated 10.04.2015 learned Special Government Pleader submitted that the copy of the order dated 05.02.2014 has been received and that a notice dated 01.04.2015 has been issued to the petitioner to appear for an enquiry on 10.04.2015 at 5.00 p.m.
3. On 10.04.2015, the petitioner's father appeared before the District Level Vigilance Committee and submitted that since the petitioner is working in Army, petitioner's father may be permitted https://hcservices.ecourts.gov.in/hcservices/
to produce supporting documents on behalf of the petitioner and that both of them would appear, if 15 days time is gathered.
4. Learned Special Government Pleader appearing for the respondents submitted that enquiry is fixed on 25.04.2015, however, he submitted that as 25.04.2015 is Saturday, enquiry would be conducted on 24.04.2015 itself.
5. Learned counsel for the petitioner has submitted that on 24.04.2015 both the petitioner as well as his father would appear before the District Level Vigilance Committee with documents.
6. As the petitioner is stated to be serving in Army, the District Level Vigilance Committee is directed to conduct enquiry on the said date i.e., 24.04.2015 without fail and pass appropriate orders on merits. If any representation is made by the petitioner seeking for extension of time or whatever bona fide reasons, the District Level Vigilance Committee is permitted to record the same and pass appropriate orders.
Post the matter for reporting compliance on 30.04.2015. sd/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT COLLECTOR TIRUNELVELI DISTRICT, TIRUNELVELI.
2 THE TAHSILDAR SHENGOTTAI TALUK, TIRUNELVELI DT.
+1. C.C. to M/S J.NISHA BANU Advocate SR.No.19115
ORDER
IN WP(MD) No.1355 of 2015 Date :15/04/2015 AA/20.04.2015/2p- 4c/ https://hcservices.ecourts.gov.in/hcservices/