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2014 DIGILAW 1500 (MAD)

R. Navaneetham @ Radhika v. Secretary to Government, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Dept.

2014-06-17

M.JAICHANDREN, M.VENUGOPAL

body2014
JUDGMENT M. Jaichandren, J. 1. Heard the learned counsels appearing on behalf of the parties concerned. 2. The main contention raised by the learned counsel appearing on behalf of the petitioner is that the State Level Scrutiny Committee, the respondent herein, does not have the power or the authority to cause an enquiry and to find out as to whether the petitioner belongs to the Scheduled Tribe or the Scheduled Caste Community. The learned counsel had further submitted that the petitioner, who was originally belonging to the Scheduled Caste Community, had been declared to be a person belonging to the Scheduled Tribe Community, after her marriage with one A.Ravindran, who belongs to the Scheduled Tribe Community. He had further submitted that the legal issues involved in the matter cannot be decided by the respondent-State Level Scrutiny Committee, as it is only a fact finding authority. Therefore, this Court may be pleased to set aside the order passed by the respondent, dated 28.3.2014. 3. Per contra, the learned counsel appearing on behalf of the respondent had submitted that the communication issued to the petitioner, dated 28.3.2014, is not an order, as claimed by the petitioner. The respondent-Committee had issued the said communication, asking the petitioner to appear for an enquiry, on 11.4.2014, along with the original documents to substantiate her claim. Thereafter, the petitioner had been asked to appear before the respondent-Committee, on 25.6.2014. Therefore, this Court may be pleased to dismiss the writ petition and to direct the petitioner to appear before the respondent-Committee, on 25.6.2014, along with the necessary documents, to substantiate her claim. 4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records, we find that the impugned communication, issued by the respondent-Committee, dated 28.3.2014, is only a notice asking the petitioner to appear for an enquiry before it, along with the original documents, if any, to substantiate her claim that she belongs to the Scheduled Tribe Community. Further, the learned counsel appearing on behalf of the respondent had submitted, on instructions, that the enquiry before the respondent-Committee is scheduled to be held, on 25.6.2014, to verify the claim made by the petitioner and to pass appropriate orders, as per law. Further, the learned counsel appearing on behalf of the respondent had submitted, on instructions, that the enquiry before the respondent-Committee is scheduled to be held, on 25.6.2014, to verify the claim made by the petitioner and to pass appropriate orders, as per law. We are convinced that the impugned communication, issued by the respondent-Committee, is only a notice issued to the petitioner, to appear before it, for an enquiry, to enquire into the claim made by the petitioner. As such, we do not find any cause or reason to interfere with the said communication. Even otherwise, as per the submissions made by the learned counsel appearing on behalf of the respondent, the enquiry has been rescheduled to be held, on 25.6.2014. 5. In these circumstances, the Writ Petition stands dismissed, as it is devoid of merits. However, we make it clear that the petitioner shall appear before the respondent-Committee, on 25.6.2014, along with the necessary documents to substantiate her claim. No costs. M.P.Nos.1 and 2 of 2014 are closed.