C. Lakshmi Naga Shankar v. Tamil Nadu State Level Scrutiny Committee – II, Adi Dravidar and Tribal Welfare Department, Rep. by its Chairman, Chennai
2023-09-05
J.NISHA BANU, V.LAKSHMINARAYANAN
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the order passed by the Tamil Nadu State Level Scrutiny Committee- II in proceedings No.544/CV-3(2)/2021-11 dated 02.02.2022 on the file of the 1st respondent quash the same.) V. Lakshminarayanan, J. 1. Challenging the proceedings No.544/CV-3(2)/2021-11 dated 02.02.2022 on the file of the 1st respondent, the petitioner has filed the present Writ Petition, whereby the petitioner was declared that he does not belong to Hindu Kurichchan community. 2. Heard and perused the records. 3. A perusal of the impugned order would go to show that one Nirguna filed W.P.No.5178 of 2021 before this court, seeking direction to the 2nd respondent-District Collector, Krishnagiri Taluk and District, to take action against 3rd respondent (petitioner herein), on the basis of the representation dated 04.01.2021, by complaining that the petitioner herein had not produced his appropriate community certificate at the time of 2019 panchayat election. The First Bench of this court, by order dated 06.08.2021, directed as follows:- “ 5. The first respondent will conduct an inquiry, if not already done, and give an opportunity of hearing to all who may be affected by his order, including to the petitioner and to the third respondent, before passing a speaking order within ten weeks of the receipt of the petitioner-s representation. It is made clear that the existing scheme for dealing with such matters has to be followed in letter and spirit. 6. Since no prejudice is caused to the third respondent by the present order and the first respondent has been required to afford an opportunity of hearing to the third respondent, this petition is disposed of without further reference to the third respondent. “ 4. In pursuant to the above order of this court, the Director, Tribal Welfare Department, issued show cause notice to the petitioner dated 25.01.2022 for his appearance. Enquiry was conducted on 31.01.2022 and the petitioner sought three months time to produce some more documents. However, the 1st respondent vide impugned order dated 02.02.2022 concluded that the claim of the petitioner for his community is not supported by the documents produced by him and held that the petitioner does not belong to Hindu Kurichchan community. 5.
Enquiry was conducted on 31.01.2022 and the petitioner sought three months time to produce some more documents. However, the 1st respondent vide impugned order dated 02.02.2022 concluded that the claim of the petitioner for his community is not supported by the documents produced by him and held that the petitioner does not belong to Hindu Kurichchan community. 5. The learned counsel for the petitioner would submit that the petitioner was not given any opportunity to cross examine the witnesses before the State Level Scrutiny Committee. The learned counsel relied on the judgment of Honourable Supreme Court in the case of Ayaaubkhan Noorkhan Pathan Vs State of Maharashtra reported in (2013) 4 SCC 465 and submitted that the impugned order is vitiated as it violated the principles of natural justice. 6. In the light of the above discussion, we are of the view that the petitioner has not been given sufficient opportunity to put forth his case before the 1st respondent. In order to meet the ends of justice, we direct the petitioner to appear before the Deputy Superintendent of Police, Social Justice and Human Rights Wing, Krishnagiri, on 19.09.2023 for enquiry. On such appearance by the petitioner, the Deputy Superintendent of Police, Social Justice and Human Rights Wing, Krishnagiri, shall complete the enquiry and submit a report to the Director, Tribal Welfare Department, Chepauk, Chennai, within a period of 15 days from the date of enquiry. Thereafter, the 1st respondent shall take up the matter and dispose of the same within a period of four weeks thereafter. 7. With the above directions, this Writ Petition stands disposed of. No costs.