V.Sangilimuthu v. The State Level Scrutiny

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI V.Sangilimuthu ... Petitioner -vs1.The State Level Scrutiny Committee for Backward Classes, Most Backward Classes and Minorities Welfare Department represented by its Secretary, Secretariat Chennai-600 009 2.Tamil Nadu Backward and Most Backward Classes Commission, represented by its Chairman No.12, RK Mutt Road Mylapore, Chennai 3.The District Community Certificate Scrutiny and Vigilance Committee represented by its Chairman Office of the District Collector Madurai, Madurai District 4.The District Collector Madurai 5.The Superintendent of Police Madurai District 6.Rajesh ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 herein to investigate the issue relating to forged community certificates of "Telugu Patti Community" and take appropriate action against the sixth respondent and to scrutinize all the community certificates of Telugupatti community coming under Most Backward Class.

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For Petitioner :

Ms.P.Subathira Devi for Mrs.Porkodi Karnan For Respondents :

Mr.A.K.Baskarapandian Special Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, by way of this writ petition, challenges the communal status of the sixth respondent stating that he is not a person belonging to Most Backward Class, but belonging to Backward Class in terms of Serial No.16 of the List of Backward Classes approved by the Government of Tamil Nadu and Serial No.20 of the Central OBC List.

2. The petitioner has a further allegation against the sixth respondent in the sense that he is canvassing with others that he will able to obtain M.B.C. Community Certificate for others as he is closely associated with the Deputy Tahsildar in Madurai, who happened to be his class-mate. These issues brought to the notice of the District Collector, Madurai, forthwith by way of a representation.

3. The learned Special Government Pleader appearing for the respondents 1 to 5 submitted that already the matter has been seized of and enquiry has been conducted and appropriate action will be initiated.

4. We make it clear that the enquiry should not only stopped with the certificate issued to the sixth respondent, but also, enquiry shall be done in respect of the certificates, which have been issued in the recent past, after the said Deputy Tahsildar had taken charge. This direction be complied with within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. No costs.

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

krk To:

1.The State Level Scrutiny Committee for Backward Classes, Most Backward Classes and Minorities Welfare Department, represented by its Secretary, Secretariat, Chennai-600 009.

2.The Chairman, Tamil Nadu Backward and Most Backward Classes Commission, No.12, RK Mutt Road, Mylapore, Chennai.

3.The Chairman, District Community Certificate, Scrutiny and Vigilance Committee, Office of the District Collector, Madurai, Madurai District.

4.The District Collector, Madurai.

5.The Superintendent of Police, Madurai District.

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-87803[F] dated 19/09/2019 ) +1 CC to M/s.SPL GP ( SR-88392[F] dated 20/09/2019 ) 19.09.2019 KM/(03.10.2019) 3P 8C 3/3