M.Kannan v. The Chief Minister Of Tamil Nadu (Cm Cell)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA M.Kannan ... Petitioner vs.
1.The Chief Minister of Tamil Nadu (CM Cell), O/o.Secretariat, Chennai.
2.The Schedule Caste and Schedule Tribe Welfare Officer, O/o.The Schedule Caste and Schedule Tribe Welfare Officer, Madurai District.
3.The District Collector, O/o.The District Collector, Madurai District.
4.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District. ... Respondents (R4 suo motu impleaded vide order dated 29.04.2024 passed in W.P. (MD)No.10406 of 2024) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Na.Ka.No.476/2023/L6 dated 1/6
28.02.2024 passed by the Respondent No. 2 and quash the same as illegal and consequently direct the Respondent Nos.2 and 3 to provide any government job equivalent to petitioner's Educational qualification and other reliefs in SC/ST(PoA) Rules by considering petitioner's representation dated 19.12.2023.
For Petitioner :
Mr.S.M.A.Jinnah For Respondents :
Mr.M.Lingadurai Special Government Pleader
O R D E R
Heard Mr.S.M.A.Jinnah, learned counsel appearing for the petitioner and Mr.M.Lingadurai, Special Government Pleader appearing for the respondents.
2. The petitioner has filed this writ petition seeking to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Na.Ka.No.476/2023/L6 dated 28.02.2024 passed by the second respondent, quash the same and consequently direct the respondents 2 and 3 to provide any government job equivalent to his educational qualification and other reliefs in SC/ST(PoA) Rules by 2/6
considering his representation dated 19.12.2023.
3. The petitioner claims that his parents belong to different castes; his father was murdered on 13.03.2004 due to caste issue; and that an FIR has been registered in Crime No.64 of 2004 of Umachikulam Police station, wherein his mother is also an accused. Hence, the petitioner and his brother are struggling to even meet out their daily needs and therefore, the petitioner has sent several representations to the respondents seeking a Government Job under the SC / ST (Prevention of Atrocities) Rules, 1995.
4. The second respondent has passed an order on 28.02.2024 stating that further course of action can be taken on the application filed by the petitioner only after a report is obtained from the Superintendent of Police. The order has not stated anything adverse to the interest of the petitioner. It is for the Superintendent of Police to send his report in this regard. Though petitioner did not include the Superintendent of Police as a party to the writ petition, in the interest of justice I feel that the 3/6
Superintendent of Police can be suo motu impleaded for issuing a direction to him to forward his report on the Crime No.64 of 2004 of Umachikulam Police station to the second respondent in order to take further action.
5. In view of the above observations, the writ petition is disposed of and the fourth respondent is directed to submit his report within a period of two weeks from the date of receipt of a copy of this order and on receipt of the report, the second respondent is directed to consider the representation of the petitioner dated 19.12.2023 afresh and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 29.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6
To 1.The Chief Minister of Tamil Nadu (CM Cell), O/o.Secretariat, Chennai.
2.The Schedule Caste and Schedule Tribe Welfare Officer, O/o.The Schedule Caste and Schedule Tribe Welfare Officer, Madurai District.
3.The District Collector, O/o.The District Collector, Madurai District.
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R.N.MANJULA, J.
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