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Madras High CourtWP(MD)/19998/2014disposed of

Tmt. M. Shanthi v. The Chairman

2015-01-20Honourable Mr Justice V. S. Ravi,Honourable Dr Justice S. Tamilvanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2015

CORAM:

THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE V.S.RAVI W.P.(MD)No.19998 of 2014 M.Shanthi ... Petitioner Vs.

1.The Chairman, State Level Scrutiny Committee, Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Revenue Divisional Officer, Maduri District, Madurai.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's petition dated 23.07.2009 with regard to the genuineness of her community certificate within a stipulated time frame as fixed by this Court.

For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.A.K.Baskarapandian, Spl.G.P.

ORDER

(Order of this Court was made by S.TAMILVANAN,J.) Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents. 2.The Writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus or any other appropriate Writ or order or direction, directing the first respondent to dispose of the petition dated 23.07.2009 submitted by the petitioner with regard to the genuineness of the community certificate of the petitioner within a stipulated time frame. 3.In the accompanying affidavit filed in support of the Writ petition, the petitioner has stated that she belongs to Hindu Kattunayakan community, which is recognized as a Scheduled Tribe community. She also got appointment in Postal Department and now she is working in the said Department. Subsequently, the community certificate of the petitioner was cancelled by the second respondent / District https://hcservices.ecourts.gov.in/hcservices/

Collector, Madurai. Challenging the said order of cancellation, she filed a Writ Petition in W.P.No.8187 of 1999 before a Division Bench of this Court and the Division Bench by order dated 21.01.2009 directed the District Collector, Madurai and the Revenue Divisional Officer to conduct enquiry to decide the community of the petitioner. It is also submitted that the petitioner approached the second respondent / District Collector for issuance of community certificate stating that she belongs to Hindu Kattunayakan community. However, the matter is pending for a long time without any progress.

4.Learned counsel appearing for the petitioner submitted that the enquiry was almost over, have appropriate direction be issued to dispose the matter at an early date.

5.On the aforesaid circumstances, we find it just and reasonable to direct the first respondent / Chairman, State Level Scrutiny Committee to complete the enquiry and pass appropriate orders. 6.Accordingly the first respondent is directed to complete the enquiry and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

7.The Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Crl.side) \\True copy\\ Sub Assistant Registrar To 1.The Chairman, State Level Scrutiny Committee, Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Revenue Divisional Officer, Maduri District, Madurai.

+1cc to THE SPL.GOVT.PLEADER SR.NO.2992 W.P.(MD)No.19998 of 2014 20.01.2015 NBJ NA/14/02/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/