Ramanathapuram Kattu Nayakkan v. Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.02.2016

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.12862 of 2013 Ramanathapuram Kattu Nayakkan Munetra Sangam, represented by its President, C.Murugesan.

... Petitioner Vs.

1. Secretary to Government, Department of Adi-dravidar & Tribal Welfare, Chief Secretariat, St. Fort. George, Chennai.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

3. The Revenue Divisional Officer, Ramanathapuram Taluk, Ramanathapuram.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to conduct an anthropological survey in Ramanathapuram District within a time frame to be stipulated by this Court so as to identify the members of Kattu Nayakkan Community residing therein. For petitioner : Mr.G.R.Swaminathan for Mr.T.Antony Arul Raj For Respondents : Mr.S.Kumar Additional Govt. Pleader

O R D E R

The writ petition has been filed for a Writ of Mandamus directing the first respondent to conduct an anthropological survey in Ramanathapuram District within a time frame to be stipulated by this Court, so as to identify the members of Kattu Nayakkan Community residing therein.

2. The writ petition has been filed by an Association - Ramanathapuram Kattu Nayakkan Munetra Sangam through its President. It is well settled that a writ petition filed by an Association. In https://hcservices.ecourts.gov.in/hcservices/

this context, useful reference can be made to the judgment of the Division Bench of this Court reported in (Tamilaga Asiriyar Kootani, rep. By the General Secretary v. Annamalai vs. The Government of Tamil Nadu, rep. By its Secretary to Government, School Education Department, Chennai -9 and others) 2005 Writ Law Reported 389 wherein in para No.15, it was held as follows:- "15. In our opinion, if any educational institution or Head Master or Teacher is aggrieved by the impugned G.O.Ms.No.13 dated 09.02.2015, they can file a writ petition in this Court, challenging the same, but the appellantassociation had no locus standi in the matter. It cannot be said that the educational institutions or Head Masters are so poor that they are unable to approach this Court.

If any particular educational institution or Headmaster has a grievance against the impugned G.O.Ms.No.13 dated 09.02.2005, it is for such a person to file a writ petition or writ appeal, and not for any association. The writ appeal is dismissed on the ground of lack of locus standi. The writ petition is dismissed for the same reason."

3. In the light of the above judgment of the Division Bench of this Court, this writ petition is not maintainable. Accordingly, the Writ Petition is dismissed with liberty to the individual member of the petitioner Association to approach this Court and to raise all the points which are made in this writ petition. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Department of Adi-dravidar & Tribal Welfare, Chief Secretariat, St. Fort. George, Chennai.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

3. The Revenue Divisional Officer, Ramanathapuram Taluk, Ramanathapuram.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 11263 AKV/RSH TE/PEK/ : 30/06/2016 : 2P/5C W.P(MD).No.12862 of 2013 25.02.2016 https://hcservices.ecourts.gov.in/hcservices/