Madras High Court
Murugesan vs The Chief Secretary on 4 December, 2017
Author: R.Hemalatha
Bench: R.Hemalatha
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.12.2017 CORAM : The Hon'ble Kum.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Mrs.JUSTICE R.HEMALATHA W.P. No.31108 of 2017 Murugesan .. Petitioner -vs- 1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, Chennai 600 009. 2.The Secretary, Schedule Caste and Schedule Tribes, Secretariat, Chennai. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to release the research report constituted in Na.Ka.No.79/2015/A2 dated 16.03.2015 by considering the petitioner's representation dated 09.05.2017. For Petitioner : Mr.G.Pavendhan For Respondents : Mr.T.N.Rajagopalan Govt. Pleader (In-charge) * * * * * O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner claims to belong to Kuruman community, which is a scheduled tribe in the State of Tamil Nadu. According to the petitioner, the Government of Tamil Nadu has constituted a Committee to conduct a research in tribal areas. The Committee, according to the petitioner, has conducted research of the origin of the people of Kuruman tribe in Tiruvannamalai District, their profession, culture, language, worship, family, relations, preachers, etc., to identify people of the Kuruman tribe.
2. The petitioner has alleged that although the study/research has been completed, the report is not being published. The delay in publication of the report is delaying issuance of scheduled tribe certificates.
3. The learned Government Pleader (In-charge), Mr.T.N. Rajagopalan, has argued that the correctness of the report has to be assessed. The Court cannot assess the correctness of findings upon research, and give directions for publication of the report or for issuance of scheduled tribe certificates on the basis thereof.
4. It is doubtful whether the Court can issue a direction on the respondent authorities to publish a report or to issue scheduled tribe certificates on the basis of such report.
5. Article 338A of the Constitution of India provides for constitution of a National Commission for Scheduled Tribes. Under Sub-Article 5 (a) and (b) of Article 338A, it is the duty of the Scheduled Tribe Commission to investigate and monitor all matters relating to the safeguards provided for the scheduled tribes under the Constitution or under any law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. It is also the duty of the Commission to enquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled tribes.
6.Whether any group of people constitute any particular scheduled tribe, whether a person has wrongfully been denied the rights and safeguards of the scheduled tribe, are matters within the purview of enquiry by the Commission.
7. This writ petition is misconceived. The mere fact that the writ petition is styled as a public interest litigation does not empower this Court to exercise powers conferred upon some other constitutional authority under the provisions of the Constitution of India.
8.The writ petition is, therefore, dismissed. No costs.
9. The dismissal of this writ petition will not prevent the petitioner from availing any other remedy available to the petitioner including the remedy under Article 338 of the Constitution of India.
(I.B., CJ.) (R.H., J.) 04.12.2017 Index : Yes/No Website : Yes/No Speaking/Non-speaking Order sra To
1.The Chief Secretary to Government, Govt. of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2.The Principal Secretary to Government, Public Department, Govt.of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
The Hon'ble Chief Justice and R.Hemalatha, J.
(sra) W.P.No.31108 of 2017 04.12.2017