Madras High Court
E.J.Coelho vs The National Commission For Scheduled ... on 29 June, 2022
Author: R.Subramanian
Bench: R.Subramanian
WP.No.3412/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
WP.No.3412/2019 & WMP.No.3698/2019
E.J.Coelho ... Petitioner
Vs
1.The National Commission for Scheduled Castes
5th Floor, Lok Nayak Bhawan
Khan Market, New Delhi 110 003.
2.Shri M.Krishnan
3.The District Collector
The Nilgiris, Oootacamund 643 001.
4.The Revenue Divisional Officer
Gudalur Division, Gudalur 643 212.
The Nilgiris District.
5.The Tahsildar
Gudalur 643212
The Nilgiris District.
6.The Inspector of Police
Gudalur Police Station
Gudalur 643 212
The Nilgiris District. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
WP.No.3412/2019
Prayer: Writ Petition filed Article 226 of the Constitution of India praying for
issuance of a writ of certiorarifi calling for the records pertaining to Case
No.26 [File No.7/76/2018] dated 07.12.2018 on the file of the 1 st respondent
together with the proceedings of the 4th respondent dated 23.01.2019 under
A1.Pa.Ve.1/2019 and quash the same.
For Petitioner : Mr.G.Adithyaraj for
M/s.P.Wilson Associates
For R1 : Mr.Venkataswamy Babu
Senior Panel counsel
For RR3 to 6 : Mrs.V.Yamuna Devi
Special Government Pleader
R2 : Notice Served. No appearance
ORDER
(1) Challenge in this writ petition is to the proceedings of the National Commission for Scheduled Castes, State Office, Chennai, with reference to a Minutes of hearing held on 07.12.2018. (2) It appears that there was a dispute regarding use of a traditional pathway leading to the Mariyamman Temple, Sivan Temple and Bommadevan Temple in Gudalur Taluk of Nilgiris. The people belonged to Scheduled Castes and Scheduled Tribes communities residing in that area appeared to have made a complaint before the 2/8 https://www.mhc.tn.gov.in/judis WP.No.3412/2019 Commission claiming that their usual pathway has been blocked by the petitioner herein. The Commission did not issue any notice to the petitioner nor did it take up the matter on the administrative side. There have several writ petitions and police complaints as well as a civil suit in respect of the right claimed by the people belonging to Scheduled Castes and Scheduled Tribes residing in that area. In fact, one Sivan Kelavath Mariamman, Bomma Devar Trust represented by its Secretary Mr.S.Suresh, has filed a suit before the District Munsif, Gudalur, seeking permanent injunction restraining the respondents therein, namely, Silver Cloud Estate Private Limited and the State of Tamil Nadu represented by the District Collector, from disturbing the right of the way leading to the temple.
(3) While things stood thus, all of a sudden, the Commission appears to have passed the impugned Minutes of 07.12.2018 which reads as follows:-
''Shri M.Krishnan appraised the case of release of pathway to SCs to the Hon'ble Vice Chairman. The petitioner informed that the traditional pathway 3/8 https://www.mhc.tn.gov.in/judis WP.No.3412/2019 leading to 'Mariamman Temple', 'Sivan Temple' and 'Bommathevan Temple' has been blocked by Shri E.J.Koilo, Proprietor of Silver Cloud Estate in Gudalur. It was informed that the estate owner had erected electric fence illegally to block the above said pathway of SCs. On hearing the details of the case from Shri.M.Krishnan, the Hon'ble Vice Chairman recollected his visit to the spot during his visit to the Nilgiris District during May, 2018 and instructed the DRO, Gudalur to initiate action to release the blocked pathway to the SCs immediately.'' (4) A counter affidavit has been filed by the Senior Investigator in Government of India, Ministry of Social Justice and Empowerment, wherein it is claimed that the Commission being a Constitutional creation, is entitled to do what it has done. I do not think such a claim could be accepted, particularly by a Constitutional Court. No doubt, the Commission has been set up with an awed object of protecting the interests of Scheduled Castes and Scheduled Tribes.
That does not mean that the Commission can act in derogation of the rights of other citizens of the country. The rights of the other citizens 4/8 https://www.mhc.tn.gov.in/judis WP.No.3412/2019 of the country should also be respected by the said Commission which claims itself it to be a Constitutional functionary. A bare minimum requirement is adherence to principles of natural justice. It is further claimed in the counter affidavit that what had been done is only a direction to the District Collector to look into the matter. (5) A reading of the Resolution dated 07.12.2018 makes it very clear that it is a positive direction to release the blocked pathway immediately. Considering the supreme status claimed by the Commission in the counter affidavit, the District Collector or the Revenue Divisional Officer or the District Revenue Officer who has been directed to take proceedings, will definitely comply with the Resolution in its letter and spirit, by removing the alleged blockade. As already been pointed out, the matters are pending before the Civil Court and writ petitions had been filed in this regard regarding the very same dispute.
(6) I am therefore unable to sustain the Minutes which gives a positive direction without hearing the petitioner. The Commission ought to have heard the petitioner and thereafter, disposed of the matter in the 5/8 https://www.mhc.tn.gov.in/judis WP.No.3412/2019 manner known of law.
(7) A Constitutional authority has more obligations towards citizens under the very Constitution and it cannot function in derogation of such rights of individuals.
(8) Hence, the writ petition is allowed and the Impugned Minutes dated 07.12.2018 is quashed. Consequently, the notice issued by the Revenue Divisional Officer, directing the petitioner herein to appear for enquiry is also quashed. The connected miscellaneous petition is closed.
29.06.2022 AP Internet : Yes 6/8 https://www.mhc.tn.gov.in/judis WP.No.3412/2019 To
1.The National Commission for Scheduled Castes 5th Floor, Lok Nayak Bhawan Khan Market, New Delhi 110 003.
2.The District Collector The Nilgiris, Oootacamund 643 001.
3.The Revenue Divisional Officer Gudalur Division, Gudalur 643 212.
The Nilgiris District.
4.The Tahsildar Gudalur 643212 The Nilgiris District.
5.The Inspector of Police Gudalur Police Station Gudalur 643 212 The Nilgiris District.
7/8 https://www.mhc.tn.gov.in/judis WP.No.3412/2019 R.SUBRAMANIAN, J.
AP WP.No.3412/2019 29.06.2022 8/8 https://www.mhc.tn.gov.in/judis