Chandrasekaran .K v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023
CORAM:
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.15936 of 2023 and WMP(MD) No.13346 of 2023 K.Chandrasekaran ... Petitioner -vs1.The Chairman State level Scrutiny Committee Adi-Dravidar and Tribal Welfare Department, Namakkal Kavingar Maaligai Secretariat, Chennai 600 009.
2.The Chief Postmaster General Tamil Nadu Circle, Anna Salai Chennai 600 002.
3.The Superintendent of Post Office, Srirengam Division, Srirengam Trichy 620 006.
4.The Deputy Superintendent of police, SC/ST Vigilance Cell Madurai Region, Madurai Collectorate Campus Madurai 625 020 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the 1st respondent herein to issue the validity certificate in respect of the petitioner's ST-Hindu Kattunayakkan Community Certificate as genuine by taking note of his blood relatives State Level Scrutiny Committee reports and other relevant documents without insisting upon the report of the 4th respondent in the light of the order reported in Civil Appeal No.2502 of 2022 dated 24.03.2023 rendered by the Hon'ble Apex Court on the basis of the petitioner's representation dated 13.06.2023. For Petitioner : Ms.P.Kalaiyarasi Bharathi For Respondents :
Mr.D.Sasikumar Additional Government Pleader
O R D E R
[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Ms.P.Kalaiyarasi Bharathi, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader for the respondents.
2. The proceedings for issuance of validity certificate in respect of the petitioner's Scheduled Tribe - Hindu Kattunayakkan Community Certificate is pending with the State Level Scrutiny Committee.
3. The contention of the learned counsel for the petitioner that the State Level Scrutiny Committee should decide the matter without insisting for the report from the 4th respondent does not stand to reason nor the same can be accepted. The judgment of the Apex Court relied by the learned counsel for the petitioner in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. the State of Maharashtra and others (Civil Appeal No.2502 of 2022) only proclaims that the affinity test is not a litmus test to decide the caste claim. The judgment of the Supreme Court in the case of Anand v. Committee for Scrutiny and Verificaton of Tribe Claims and others reported in 2012 (1) SCC 113 is confirmed in the said case. various contingencies are laid down therein. Various contingencies are referred to as to when vigilance is to be ordered. Naturally, the State Level Scrutiny committee has to consider the judgments that would be referred by the petitioner of the Apex Court and this Court. The petitioner shall appear before the State Level Scrutiny Committee on 08.09.2023.
The petitioner shall cooperate in expeditious disposal of the proceedings before the State Level Scrutiny Committee and also before the Vigilance. The State Level Scrutiny Committee shall endeavour to dispose the proceedings expeditiously in accordance with law and procedure, within six months from today. The writ petition as such stands disposed of. However, there is no order as to costs. Consequently connected Miscellaneous Petition is closed. [S.V.G., CJ.] [C.K., J.] 30.08.2023 NCC : Yes / No Index : Yes / No RR
To 1.The Chairman State level Scrutiny Committee Adi-Dravidar and Tribal Welfare Department, Namakkal Kavingar Maaligai Secretariat, Chennai 600 009.
2.The Chief Postmaster General Tamil Nadu Circle, Anna Salai Chennai 600 002.
3.The Superintendent of Post Office, Srirengam Division, Srirengam Trichy 620 006.
4.The Deputy Superintendent of police, SC/ST Vigilance Cell Madurai Region, Madurai Collectorate Campus Madurai 625 020
THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.
RR W.P.(MD)No.15936 of 2023 30.08.2023