Madras High Court
V.Arulkumar vs The District Collector on 6 November, 2014
Bench: M.Jaichandren, Aruna Jagadeesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-11-2014 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN W.P.No.27193 of 2013 V.Arulkumar .. Petitioner. Versus 1. The District Collector, Villupuram District, Villupuram. 2. The Revenue Divisional Officer, Kallakuruchi, Villupuram District. 3. The Tahsildar, Sankarapuram Taluk, Villupuram District. 4. The District Level Vigilance Committee, Villupuram District. Villupuram. (R4- Suo motu impleaded as per order dated 5.11.2014 by MJJ and AJJ in W.P.No.27257 of 2014). .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in connection with the impugned order passed by him in Na.Ka.A3/6387/2013 dated 05.8.2013 and quash the same and further direct the respondents to issue the community certificate to the petitioner within reasonable time. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.Ravichandran Additional Government Pleader ORDER
(Order of the Court was made by M.JAICHANDREN,J) Heard the learned counsels appearing on behalf of the parties concerned.
2. The petitioner has stated that he belongs to Hindu Kuravan community, which is a Scheduled Caste community. The petitioner's father had approached the first respondent, on 9.7.2012, requesting for the issuance of a community certificate, as Hindu Kuravan community. Thereafter, the petitioner's father had made a representation, on 4.1.2013, to the second respondent, as he had been advised that the second respondent is the competent authority to issue the said certificate. Even though an enquiry had been conducted by the third respondent, as per the directions of the second respondent, the petitioner had not been issued with the community certificate. Hence, the petitioner has preferred a writ petition before this court, in W.P.No.21443 of 2013. During the pendency of the said writ petition, the impugned order, dated 5.8.2013, was passed by the third respondent, rejecting the claim of the petitioner. Hence, this court had disposed of the writ petition, in W.P.No.21443 of 2013, on 14.8.2013, giving liberty to the petitioner to challenge the impugned order, dated 5.8.2013, passed by the third respondent. In such circumstances, the petitioner has preferred the present writ petition before this court, under Article 226 of the Constitution of India.
3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that the impugned proceedings of the third respondent may be set aside and the matter may be directed to be placed before the fourth respondent, for passing appropriate orders.
4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, we are of the considered view that, in the given facts and circumstances, it would be appropriate to set aside the order passed by the third respondent, rejecting the claim made by the petitioner. Hence, the impugned order, dated 5.8.2013, is set aside. Further, we also direct the third respondent herein to place the matter before the District Level Vigilance Committee, which has been impleaded as the fourth respondent in the present writ petition, by an order, passed on 6.11.2014, within a period of two weeks from the date of receipt of a copy of this order, for considering the claims made by the petitioner, afresh, by causing an enquiry. On receipt of the application and the relevant records relating to the issuance of the community certificate, the fourth respondent, namely, the District Level Vigilance Committee, shall cause an enquiry and pass appropriate orders thereon, without being influenced by the observations made by the third respondent, in his impugned order, dated 5.8.2013, by following the procedures established by law and by giving an opportunity of hearing to the petitioner, within a period of eight weeks thereafter. The writ petition is disposed of with the above directions. No costs.
(M.J.J.) (A.J.J.)
Index:Yes/No 06-11-2014
Internet:Yes/No
csh
To
1. The District Collector,
Villupuram District,
Villupuram.
2. The Revenue Divisional Officer,
Kallakuruchi,
Villupuram District.
3. The Tahsildar,
Sankarapuram Taluk,
Villupuram District.
4. The District Level Vigilance Committee,
Villupuram District.
Villupuram.
M.JAICHANDREN,J.
AND
ARUNA JAGADEESAN,J.
csh
W.P.No.27193 of 2013
06-11-2014