Madras High Court
M.Gnanasekaran vs The Chairman on 22 September, 2021
W.P. No.20168 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 22.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
W.P. No.20168 of 2021
and WMP.No.21435 of 2021
M.Gnanasekaran .. Petitioner
Versus
1. The Chairman,
State Level Scrutiny Committee II,
Additional Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Chennai 600 009.
2. The Director,
Adi Dravidar and Tribal Welfare Department,
Chepauk, Chennai 600 005.
3. The Deputy Superintendent of Police,
Dharmapuri District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus, directing the respondents 1 and 2 to
furnish the report of the Deputy Superintendent of Police, SJ & HR Wings,
Page No.1 / 6
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W.P. No.20168 of 2021
Dharmapuri, in C.No.104/SJ & HR/Vigilance Cell/DPI/2017, dated
17.05.2021 Anthropologist's Report along with connected documents as per
judgment reported in 1994 (6) SCC 241, Kumari Madhuri Patil Case and
consequently direct the respondents, not to proceed further till furnishing
the same and reply to report with regard to the petitioner community
certificate dated 16.06.1980, bearing No.287/80.
For petitioner : Mr.N.Naganathan
For respondents : Mr.T.N.C.Kaushik
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J)
The Writ Petition is heard through video conferencing.
2. The petitioner has come forward with this Writ Petition for
issuance of a Writ of Mandamus, directing the respondents 1 and 2 to
furnish the report of the third respondent, dated 17.05.2021 and
consequently direct the respondents not to proceed further till furnishing the
same.
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W.P. No.20168 of 2021
3. Mr.N.Naganathan, learned counsel for the petitioner would state
that the petitioner belongs to Hindu Kondareddy Schedule Tribe
Community and he was therefore issued with certificate dated 16.06.1980.
He was appointed as a Ticket Collector in the Southern Railway. While so,
the petitioner Community Certificate was referred to the District Collector
for verification and without conducting proper enquiry, the certificate was
cancelled in the month of July 2004. In WP.No.28801 of 2004, vide order
dated 26.07.2005, this Court set aside the order and remanded back for fresh
enquiry.
4. It is further submitted that the third respondent has submitted a
report to the respondents 1 and 2. However, the report of the third
respondent was not furnished to the petitioner. Hence, he made a
representation to the authorities and in the meanwhile, without furnishing
the report, the respondents 1 and 2 are proceeding with the enquiry.
5. The learned Government Advocate appearing for the respondents
Mr.T.N.C.Kaushik would state that the second respondent is ready to
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W.P. No.20168 of 2021
furnish a report to the petitioner and further enquiry will be commenced
only after furnishing report to the petitioner.
6. In view of the submissions of the learned Government Advocate
appearing for the respondents, the second respondent is directed to furnish a
copy of the report to the petitioner within a period of two weeks.
Thereupon, the respondents 1 and 2 shall proceed with the enquiry.
7. With the above directions, the Writ Petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[M.K.K.S, J] [V.S.G., J]
22.09.2021
Speaking order: Yes/No
Index : Yes/No
pvs
https://www.mhc.tn.gov.in/judis/
W.P. No.20168 of 2021
To
1. The Chairman,
State Level Scrutiny Committee II,
Additional Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Chennai 600 009.
2. The Director,
Adi Dravidar and Tribal Welfare Department,
Chepauk, Chennai 600 005.
3. The Deputy Superintendent of Police,
Dharmapuri District.
https://www.mhc.tn.gov.in/judis/
W.P. No.20168 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
W.P. No.20168 of 2021
22.09.2021
https://www.mhc.tn.gov.in/judis/
