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2009 DIGILAW 2029 (MAD)

Tamil Nadu Scheduled Tribe (Malayali) Peravai, Regd. No. 307/93 v. The Chief Secretary, Government of Tamil Nadu & Others

2009-07-01

RAJA ELANGO, SUDHANSU JYOTI MUKHOPADHAYA

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Judgment :- S.J. Mukhopadhaya, J. This Writ Petition has been preferred for a declaration that the orders passed by the District Level Scrutiny Committee constituted earlier as a Three Member Committee, confirming the Community Certificates issued under the Kurumans Community as Scheduled Tribe in respect of three Districts, namely (1) Chennai, (2) Vellore and (3) Dharmapuri, from 5. 1997 till date, as null and void and consequently to direct the respondents to reconstitute a fresh Committee for the purpose of ascertaining the Community Certificate and Scheduled Tribe under the Kurumans Community in accordance with the Rules laid down by the Supreme Court of India and the Constitution of India. 2. Though such a prayer has been made, no specific pleading has been made in support of the claim. A particular community can be declared as a Scheduled Tribe, only by the President of India under Article 342 of the Constitution of India and no person can assail the same on the ground that the particular Community cannot be declared as a Scheduled Tribe. 3. So far as the individual person(s) of one or other District(s) is concerned, whether they belong to Kurumans Community or not, is a matter which can be decided by the concerned District Level Scrutiny Committee or the Committee constituted under law. 4. In the absence of any specific challenge to one or other Community Certificate, that too, issued since 5. 1997, no relief can be granted as sought for. 5. In fact, the Writ Petition appears to be frivolous one, and that is also one of the grounds on which it can be dismissed. 6. The Writ Petition is dismissed, with costs of Rs.10,000/-(Rupees ten thousand only) to be paid by the petitioner in favour of the Tamil Nadu Red Cross Society, Chennai. The Miscellaneous Petition is closed.