Rishi. L v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.24843 of 2022 and WMP(MD) Nos.18933 and 18934 of 2022 1.L.Rishi 2.L.Srikanth ... Petitioners -vs1.The Chairman The State Level Scrutiny Committee Adi Dravida & Tribal Welfare Department Namakkal Kavingar Maaligai Secretariat, Chennai.

2.The District Collector Pudukottai.

3.The Sub Collector

4.The Revenue Divisional Officer/ Sub Divisional Magistrate, O/o.The Revenue Divisional Office, Iluppur, 5.The Tahsildar Iluppur Taluk ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of CErtiorarified Mandamus to call for the records relating to the impugned order passed by the 4th respondent vide his proceedings in Ni.Mu. 6336/2021/A4 dated 15.10.2022 and quash the same as illegal and consequentially to direct the respondents to issue community certificate to the petitioners certifying them as Hindu Scheduled Tribe Kurumans in the light of the Community Certificate already possessed by the petitioners' father in respect of Scheduled Tribe Kurumans within the period that may be stipulated by this Court. For Petitioners : Mr.H.Mohammed Imran For Respondents :

Mr.J.Ashok Additional Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.H.Mohammed Imran, learned counsel for the petitioners, and Mr.J.Ashok, learned Additional Government Pleader for the respondents.

2. The learned Additional Government Pleader had raised an objection that the petitioners have an alternate remedy of appeal.

3. The learned counsel for the petitioners submits that the order has been passed by the authority without assigning reasons and without considering the community certificate issued to the father and brother of the petitioners' father. All these arguments can be advanced before the appellate authority also.

4. In view of the availability of the efficacious alternate remedy, we are not inclined to entertain the writ petition.

5. The writ petition is disposed of with liberty to the petitioners to avail the alternate remedy. In that event, all contentions are kept open. If the appeal is filed within a period of fifteen days from today, then the question of limitation shall not be raised. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. [S.V.G., CJ.] [C.K., J.] 01.09.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Chairman The State Level Scrutiny Committee Adi Dravida & Tribal Welfare Department Namakkal Kavingar Maaligai Secretariat, Chennai.

2.The District Collector Pudukottai.

3.The Sub Collector 4.The Revenue Divisional Officer/ Sub Divisional Magistrate, O/o.The Revenue Divisional Office, Iluppur, 5.The Tahsildar Iluppur Taluk

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.24843 of 2022 01.09.2023