IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:27.07.2017 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU W.P.No.12591 of 2017 & W.M.P.No.13398 of 2017 K.Anitha .. Petitioner Vs.
1. The State Level Committee and The Secretary to Government Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.
2. The Revenue Divisional Officer, Thirukovilur Taluk-605 757, Villupuram District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus in calling for the records in proceedings No.3692/CV-4(1)/2017, dated 12.04.2017, on the file of the first respondent and quash the same as illegal, incompetent and without jurisdiction and direct the second respondent herein to confirm the status of the petitioner herein as the member of Hindu Malaikuravan Community for consequential orders.
For Petitioner : Mr.V.Raghavachari For Respondents : Mr.M.Elumalai Government Advocate O R D E R [Order of the Court was made by M.VENUGOPAL, J.] On behalf of the First Respondent/State Level Committee, the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-9, a memo has been filed by the Chairman of the Committee and the Principal Secretary to Government, Adi Dravidar and Tribal Welfare (CV-4) Department, Secretariat, Chennai-600 009, to the effect that the First Respondent/Committee may be granted permission to withdraw the proceedings of the Tamil Nadu State Level Committee dated 12.04.2017. Also that the First Respondent/Chairman had sought permission to conduct a fresh/denovo enquiry by the Committee as per the order dated 18.11.2016 passed in W.P.No.40299 of 2016, on merits in accordance with Law and in a manner known to Law. Further, an undertaking is furnished in the memo of the First Respondent/Committee that the Committee shall conduct a detailed enquiry and shall scrutinize each and every document filed by the Petitioner afresh and give a finding to all the documents relied upon by the Petitioner and also after giving sufficient opportunity of being heard to the petitioner and to pass a detailed order on merits.
2. The aforesaid contents of the memo are recorded by this Court.
http://www.judis.nic.inThis Court grants permission to the First Respondent/Committee to withdraw the order passed by the First Respondent/Committee dated 12.04.2017 and therefore, remits back the matter to the First Respondent/Committee for passing orders in a reasoned speaking order, of course in a qualitative and quantitative manner as per the undertaking provided by the First Respondent/Committee as afore stated, within a period of six weeks from the date of receipt of a copy of this order. Soon after passing the fresh order in the subject matter in issue, the First Respondent/Committee shall send the compliance report in regard to the orders passed by this Court in the present Writ Petition to the Registrar (Judicial) of this Court, without fail.
3. With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(M.V., J.) (P.D.A., J.) 27.07.2017 Speaking Order Index :Yes / No Internet :Yes / No kal To
1. The State Level Committee and The Secretary to Government Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.
2. The Revenue Divisional Officer, Thirukovilur Taluk-605 757, Villupuram District.
3. The Registrar (Judicial), High Court, Madras. (For information and necessary follow up action) M.VENUGOPAL, J.
and P.D.AUDIKESAVALU, J.
kal W.P.No.12591 of 2017 & W.M.P.No.13398 of 2017 27.07.2017