Vijayakumar.C v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Vijayakumar ... Petitioner Vs.

1.The Principal Secretary, Backward Classes, Most Backward Classes and Minorities Department, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Ministry of Social Justice and Empowerment, Government of India, Sasthri Bhawan, New Delhi - 110 001.

2.The Chairman, Development and Welfare Board for Denotified, Nomadic and Semi Nomadic Communities, Ministry of Social Justice and Empowerment, 2nd Floor, 2nd Wing, West Block-8, R.K.Puram, New Delhmi - 110 003.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to commence household survey of the De-notified Tribes/ Community in the State of Tamil Nadu in the light of the letter of the 2nd respondent in 1/4

D.No.11020/2020-DWBDNC dated 18.08.2020 by considering the representation of the petitioner dated 21.06.2021 within the time frame that may be fixed by this Court.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.N.Ramesh Arumugam, Government Advocate for R1.

ORDER

Heard the learned counsel for the writ petitioner and the learned Government Advocate for the first respondent. 2.The petitioner wants this Court to direct the first respondent to commence household survey of denoted tribes/community in the State of Tamilnadu. He draws my attention to the letter of the Central Government issued on 18.08.2020 in this regard.

3.When the matter was taken up for hearing, the learned Government Advocate for the first respondent submitted that the State of Tamilnadu had already informed the Central Government vide letter No.4158/BCC/2020-5, dated 28.10.2020 that taking up household survey of only the denotified community/ Nomadic community household in the State may give rise to 2/4

similar wide spread demand from other communities. Though the letter is for deferring the survey for the present, in effect it mean that the State is not prepared to comply with the request of the Central Government. It is for the petitioner to question the aforesaid letter dated 28.10.2020 in the manner known to law by filing a public interest litigation. 4.With this liberty to the writ petitioner, the writ petition is disposed of. No costs.

02.09.2022 Index : Yes / No Internet : Yes/ No ias To:

The Principal Secretary, Backward Classes, Most Backward Classes and Minorities Department, Fort St.George, Chennai - 600 009.

3/4

G.R.SWAMINATHAN, J.

ias 02.09.2022 4/4