S.Thangapandi, v. The Govt. Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.15465 of 2018 S.Thangapandi ... Petitioner -vs1.The Government of Tamil Nadu rep.by its Secretary Adi Dravidar and Tribal Welfare Department Secretariat, Chennai-600 009 2.The Tamil Nadu State Level Scrutiny Committee rep.by its Chairman Adi Dravidar and Tribal Welfare Department Secretariat, Chennai-600 009 3.The Deputy Superintendent of Police SC/ST Vigilance Cell Madurai Region District Collectorate, Madurai-625 020 4.The Assistant Commissioner of Police Social Justice and Human Rights Division Tirunelveli City 1st Floor, Thatchanallur Police Station Thatchanallur, Tirunelveli

5.The Senior Superintendent of Post Offices Tirunelveli Division Tirunelveli-627 002 6.The Superintendent of Post Offices Tirunelveli Division Tirunelveli-627 002 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to confirm the community certificate of the petitioner dated 04.11.1988 pursuant to the enquiry conducted within a stipulated period. For Petitioner :

Ms.J.Anandhavalli For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4 Mr.S.Jeyasingh for R5 & R6

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 4 to confirm the community certificate of the petitioner dated 04.11.1988 pursuant to the enquiry conducted, within a stipulated period.

2. At the outset, it is to be noted that when an enquiry is conducted by the authority concerned under the relevant Government Orders and procedures as contemplated to confirm the community certificate issued, they alone have to pass orders and this Court cannot pass any orders pursuant to the enquiry conducted by the authority concerned. Therefore, we are of the view that the petitioner is not entitled to the relief as such sought for in this writ petition.

3. Accordingly, this writ petition is dismissed. The authority concerned, who is competent to pass orders, shall pass orders on merits and in accordance with law, pursuant to the enquiry report, as expeditiously as possible, without any further delay. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 13.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary, Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

2.The Chairman, Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

3.The Deputy Superintendent of Police, SC/ST Vigilance Cell, Madurai Region, District Collectorate Madurai-625 020 ,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.15465 of 2018 13.02.2024