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2014 DIGILAW 1537 (MAD)

Vadivel v. State of Tamil Nadu

2014-06-18

M.JAICHANDREN, M.VENUGOPAL

body2014
Judgment : M. Jaichandren J. 1. Heard the learned counsels appearing for the parties concerned. 2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the petitioner had applied for the issuance of a community certificate stating that he belongs to Kattu Naicken community, which is a Scheduled Tribe community, for his son V.Thirunavukarasu and his daughter V.Shanthi Priya. Even though sufficient documents had been placed before the Revenue Divisional Officer, Ranipet Division, Vellore District, the second respondent herein, to substantiate the claims made by the petitioner, the second respondent had passed the impugned order, dated 15.10.2013, rejecting the claim of the petitioner. Therefore, the impugned order passed by the second respondent is erroneous and invalid in the eye of law. 3. Per contra, the learned Additional Government Pleader appearing for the respondents had submitted that the documents furnished by the petitioner, to the second respondent, in support of his claims were insufficient to prove that he belongs to Kattu Naicken Scheduled Tribe community. There were a number of discrepancies in the documents furnished by the petitioner before the second respondent. Therefore, the second respondent had rightly rejected the claim of the petitioner. In such circumstances, the writ petition is liable to be dismissed, as it is devoid of merits. 4. In view of the submissions made by the learned counsels appearing for the parties concerned, we find it appropriate to refer the matter to the State Level Scrutiny Committee, which has been impleaded as the third respondent in the present writ petition, by an order passed by this Court, on 11.6.2014, for causing an enquiry to verify as to whether the claim made by the petitioner that he belongs to Kattu Naicken Scheduled Tribe community is true and valid and to pass appropriate orders, in respect of the issuance of community certificates in favour of his children stating that they belong to the said community. In such circumstances, we direct the second respondent to place the records relating to the impugned proceedings, in Na.Ka.A7/5312/11, dated 15.10.2013, before the State Level Scrutiny Committee, the third respondent herein, within a period of fifteen days from the date of receipt of a copy of this order. In such circumstances, we direct the second respondent to place the records relating to the impugned proceedings, in Na.Ka.A7/5312/11, dated 15.10.2013, before the State Level Scrutiny Committee, the third respondent herein, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of the records, the third respondent is directed to consider the claim of the petitioner and pass appropriate orders thereon, by following the procedures established by law, as expeditiously as possible, preferably, within a period of eight weeks thereafter. The writ petition is disposed of accordingly. No costs. Connected M.P.No.1 of 2014 is closed.