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2014 DIGILAW 750 (MAD)

K. Nanda Kumar v. Collector of Madras

2014-03-24

M.JAICHANDREN, M.VENUGOPAL

body2014
Judgment : M. Venugopal, J. 1. The petitioner has filed the writ petition praying for the issuance of a writ of Mandamus to direct the First Respondent to constitute a probe committee under the head of Revenue Divisional Officer to conduct a thorough enquiry as to how the Tahsildars in Chennai, have issued hundreds of community certificates in a short interval to several hundreds of persons as if they belong to Beri Chetty Community without verifying their school records and their parental community background and contrary to Rules so as to enable such persons to claim that they belong to Beri Chetty Community and to participate in the election to the office of the Trustees of Sree Muthukumaraswamy Devasthanam solely on the basis of such questionable community certificates issued by the Tahsildars in Chennai and to take necessary action against all concerned, who were instrumental for issuing of hundreds of community certificates, that too, in a short interval, in the manner known to law by considering the petitioner's representation dated 15.10.2013. 2. At the outset, on going through the reliefs sought for by the petitioner in the writ petition, we are of the considered view that such omnibus prayers of the petitioner in regard to the constitution of a probe committee under the head of the Revenue Divisional Officer to conduct a thorough enquiry etc. per se, are not maintainable. 3. At this stage of the hearing of the matter, the Learned Government Advocate for the First Respondent, brings it to the notice of this Court the letter of the District Collector, Chennai District, dated 10.1.2014 in letter No.P5/33426/2013 addressed to the Additional Government Pleader, High Court, Chennai, wherein it was, inter alia, stated that '........ The Tahsildars of Chennai district have reported that no community certificate has been issued for Beri Chetty Community in their Taluk offices at any point of time. The community of Beri Chetty does not find place in the list of Backward class, Most Backward class and De-notified Community Welfare Department.' 4. In view of the aforesaid communication of the First Respondent in letter No.P5/33426/2013, dated 10.1.2014, we are of the view that nothing survives for adjudication in the present writ petition and further no orders are required to be passed. Viewed in that perspective, the writ petition is closed. No costs. Connected M.P.No.1 of 2013 is closed.