R. Subbu v. State of Tamil Nadu rep. By its Secretary to Government, Chennai
2014-06-27
M.JAICHANDREN, M.VENUGOPAL
body2014
DigiLaw.ai
JUDGMENT M. Jaichandren, J. 1. Heard the learned counsel appearing on behalf of the parties concerned. 2. The petitioner has stated that he belongs to `Kurumans' community, which is a Scheduled Tribe community. The said community is one of the communities included in the list of Scheduled Tribes, as per Constitution Order 1950 and it is found to be existing throughout the State of Tamil Nadu. The petitioner had obtained the community certificate from the Revenue Divisional Officer, Dharmapuri, on 18.5.1995, stating that he belongs to `Kurumans' community. The petitioner has been working as a P.G. Assistant in Palacode Boys Higher Secondary School. 3. It has been further stated that the Sub Collector, Dharmpuri, had taken a stand that there is no `Kurumans' community existing in the Dharmapuri District. While so, the government had issued orders, in G.O.(Ms) No.66, Adi Dravidar and tribal Welfare (CV-1) Department, dated 5.8.2011, to verify all the community certificates issued to them, in respect of `Kurichchan' and `Kurumans' community concerning the Dharmapuri District. A detailed enquiry has been conducted by the members of the Adhoc committee and a report had been submitted by the second respondent stating that the community certificates issued in respect of `Kurumans' in Dharmapuri District, are not genuine. 4. The learned counsel appearing on behalf of the petitioner had submitted that the report submitted by the second respondent is arbitrary and illegal. The second respondent had not issued any notice to the petitioner before an enquiry was conducted with regard to his community certificate. Hence, the petitioner has prayed for quashing the report of the second respondent, dated 24.4.2012, in so far as it relates to the `Kurumans' community alone. 5. Per Contra, the learned counsel appearing on behalf of the respondents had submitted that a committee has been formed only based on the order of the High Court, made in the Contempt Petition No.830 of 2011, dated 22.6.2011, in W.P.No.22580 of 2009. The Government vide G.O. (Ms) No.66, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 5.8.2011, had formed the committee to verify all the community certificates issued in respect of the persons belonging to `Kurichchan' and `Kurumans' community in Dharmapuri District and to verify the pending cases in respect of the above said communities.
The Government vide G.O. (Ms) No.66, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 5.8.2011, had formed the committee to verify all the community certificates issued in respect of the persons belonging to `Kurichchan' and `Kurumans' community in Dharmapuri District and to verify the pending cases in respect of the above said communities. The said committee, after making various enquiries, have submitted a report observing that the community certificates issued in respect of `Kurichchan' and `Kurumans' community, in Dharmapuri District, are found to be not genuine. Hence, prayed for the dismissal of the writ petition. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, it is noted that an Adhoc Committee had been formed, vide G.O.Ms.No.66, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 5.8.2011, pursuant to an order passed by this court, dated 22.6.2011, in Contempt Petition No.830 of 2011 in W.P.No.22580 of 2009, to verify all the community certificates issued in respect of the claims made by persons said to be belonging to `Kurichchan' and `Kurumans' Scheduled Tribe communities, in Dharmapuri District. 7. It is also noted that the committee had been constituted, pursuant to an order passed by this Court and it had high level officers having knowledge in the subjects concerned. Even though certain general observations might have been made by the Adhoc Committee, as claimed by the petitioner, a detailed report, dated 24.4.2012, had been submitted by the said committee after examining the various aspects relating to the `Kurichchan' and `Kurumans' Scheduled Tribes living in Dharmapuri District. While so, it may not be open to the petitioner to challenge the impugned report at this stage. However, it may be open to the individuals like the petitioner to establish their claims before the third respondent, the State Level Scrutiny Committee, which has been impleaded in the present writ petition, by an order, dated 11.6.2014, if so advised, in the manner known to law. In such circumstances, we do not find sufficient cause or reason to set aside the impugned report of the second respondent. Therefore, the present writ petition filed by the petitioner before this court is liable to be dismissed. Accordingly, it stands dismissed, with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.