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Madras High Court

Puducherry-Karaikal Origin Scheduled vs The Secretary on 14 November, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                           W.P.No.21162 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 14.11.2024

                                                     CORAM:

                                  THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
                                                   AND
                                     THE HON'BLE MR.JUSTICE P.B.BALAJI

                                            W.P.No.21162 of 2024 and
                                         W.M.P.Nos.23098 & 23101 of 2024

            Puducherry-Karaikal Origin Scheduled
            Tribes (Irular) Welfare Association,
            Rep. by its President A.Selvaraj,
            S/o.Azhagar, Hindu, Aged 47 years,
            Having its office at No.13, Hospital Street,
            First Cross Street, Bahour,
            Puducherry.                                                        ... Petitioner
                                                           -vs-
            1. The Secretary,
               Ministry of Home Affairs,
               Government of India,
               New Delhi.

            2. Under Secretary to the Government of India,
               The Ministry of Tribal Affairs,
               Government of India, New Delhi.

            3. Deputy Registrar General (SS),
               Office of the Registrar (General),
               Social Studies Division Seva Bhavan,
               R.K.Puram, New Delhi.

            4. The National Commission for Scheduled Tribe (HQ),
               6th Floor, B-Wing, Laknayak Bhavan,
               Khan Market, New Delhi-110 003.

            1/4
https://www.mhc.tn.gov.in/judis
                                                                                          W.P.No.21162 of 2024

            5. The Director,
               Adi Dravidar Welfare Department,
               Puducherry.                                                              ... Respondents
            Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of
            a Writ of Certiorari to call for the records of the 3 rd respondent with No.F.No.8/1/2004-
            SS (Puducherry) dated 12.02.2024 and No.12016/07/2003 TA(RL)/C&LM(Pt.-II)
            (e:10388) dated 19.02.2024 of the second respondent and to quash the same.
                                        For Petitioner          :     Mr.V.Ajaykumar

                                        For R1 to R4            :     Mr.B.Rabu Manohar
                                        For R5                  :     Mr.R.Sreedhar
                                                                      Addl. Govt. Pleader (Pondy)
                                                           *****
                                                          ORDER

(By D.Krishnakumar,J.,) When the matter is taken up for hearing, it is represented by the learned Standing Counsel appearing for the respondents 1 to 4 that the Writ Petition itself is not maintainable for the reason that no final decision has been taken by the respondents. The proceedings under challenge are only a communication addressed to the authority concerned internally and orders from the Central Government are awaited. Hence, the Writ Petition is liable to be dismissed.

2. We have gone through the proceedings dated 12.02.2024, which shows that no final decision has been taken by the respondents for inclusion of Kattunayakan, Malakkuruvan, Yerukula and Kurumans communities in the STs list of Puducherry 2/4 https://www.mhc.tn.gov.in/judis W.P.No.21162 of 2024 Union Territory. Under such circumstances, we are of the view that the instant Writ Petition is not maintainable and is premature.

3. Accordingly, this Writ Petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petitions are closed.

                                                                     [D.K.K., J.,]                [P.B.B.,J.,]
                                                                                     14.11.2024
            Index: Yes / No
            Internet: Yes / No

Speaking Order/Non Speaking Order ar To:

The Director, Adi Dravidar Welfare Department, Puducherry.
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https://www.mhc.tn.gov.in/judis W.P.No.21162 of 2024 D.KRISHNAKUMAR,J., AND P.B.BALAJI,J., ar W.P.No.21162 of 2024 14.11.2024 4/4 https://www.mhc.tn.gov.in/judis