Madras High CourtWP(MD)/10120/2015disposed of

D.Thirupathi v. Vigilance Committee For

2023-11-27Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN D.Thirupathi .. Petitioner Vs.

1.Vigilance Committee for Community Certificate, Tirunelveli, Tirunelveli District.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Shengottai Taluk, Tirunelveli District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.Aa4/15622/2015, dated 24.04.2015, quash the same and consequently direct the respondents to issue the community certificate to the

petitioner's children, viz., Birundha Guru as Hindu Kavara Scheduled Caste Community within the time stipulated by this Court. For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order passed by the District Collector, Scrutiny Committee in proceedings dated 24.04.2015, with reference to the claim of the petitioner to issue community certificate, is under challenge in the present Writ Petition.

2. The impugned order can be challenged by way of an appeal before the State Level Scrutiny Committee. Admittedly, the petitioner has not filed any appeal so far. Since the Writ Petition has been filed in the year 2015 and pending for the past about eight years, we are inclined to grant liberty to the petitioner to prefer an appeal before the State Level Scrutiny Committee within a period of four (4) weeks from today. The State Level Scrutiny

Committee, on receipt of any such appeal, shall entertain the same without reference to the delay and decide the issue on merits and in accordance with law as expeditiously as possible, preferably within a period of four (4) months, by following the due procedure contemplated.

3. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

(S.M.S.,J.) (V.L.N.,J.) 27.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.Vigilance Committee for Community Certificate, Tirunelveli, Tirunelveli District.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Shengottai Taluk, Tirunelveli District.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 27.11.2023