IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 1.7.2009 CORAM: THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HONOURABEL MR.JUSTICE RAJA ELANGO Writ Petition No.11823 of 2009 & M.P.No.1 of 2009 Tamil Nadu Scheduled Tribe (Malayali) Peravai, Regd. No.307/93, 42/1, 2nd Street, Kambara Nagar, Chennai-600 082, Rep. by its President Mr.K.Kubendiran .. Petitioner vs. 1. The Chief Secretary, Government of Tamil Nadu, St.George Fort, Chennai-600 009. 2. The Secretary to Government, Adi Dravidar and Tribal Welfare Department and The Chairman, State Level Scrutiny Committee, Government of Tamil Nadu, St.George Fort, Chennai-600 009. 3. Dr.S.Sumathi, Anthropolist and the Member, State Level Scrutiny Committee, Madras University, Chennai-600 005. 4. The District Collector and the Chairman, District Vigilance Committee, Chennai District, Chennai. 5. The District Collector and the Chairman, District Vigilance Committee, Vellore District, Vellore. https://hcservices.ecourts.gov.in/hcservices/ 6. The District Collector, and the Chairman, District Vigilance Committee, Dharmapuri District, Dharmapuri. 7. The Sub-Collector, Revenue Divisional Office, Thirupattur, Vellore District. 8. The Revenue Divisional Officer, Harur, Dharmapuri District. 9. The Tahsildar, Taluk Office, Perambur, Chennai. 10. The Secretary, Tamil Nadu Public Service Commission, Omanthurar Govt. Estate, Chennai. .. Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, as stated therein. For petitioner : Mr.N.Kannan For respondents: Mr.D.Srinivasan, Addl.G.P. For RR-1,2,4,5 and 6 to 9 ORDER (The Order of the Court was made by S.J.Mukhopadhaya,J) This Writ Petition has been preferred for a declaration that the orders passed by the District Level Scrutiny Committee constituted earlier as a Three Member Committee, confirming the Community Certificates issued under the Kurumans Community as Scheduled Tribe in respect of three Districts, namely (1) Chennai, (2) Vellore and (3) Dharmapuri, from 6.5.1997 till date, as null and void and consequently to direct the respondents to reconstitute a fresh Committee for the purpose of ascertaining the Community Certificate and Scheduled Tribe under the Kurumans Community in accordance with the Rules laid down by the Supreme Court of India and the Constitution of India. 2. Though such a prayer has been made, no specific pleading has been made in support of the claim. A particular community can be declared as a Scheduled Tribe, only by the President of India under Article 342 of the Constitution of India and no person can assail the same on the ground that the particular Community cannot be declared as a Scheduled Tribe. https://hcservices.ecourts.gov.in/hcservices/ 3. So far as the individual person(s) of one or other District(s) is concerned, whether they belong to 'Kurumans Community' or not, is a matter which can be decided by the concerned District Level Scrutiny Committee or the Committee constituted under law. 4. In the absence of any specific challenge to one or other Community Certificate, that too, issued since 6.5.1997, no relief can be granted as sought for. 5. In fact, the Writ Petition appears to be frivolous one, and that is also one of the grounds on which it can be dismissed. 6. The Writ Petition is dismissed, with costs of Rs.10,000/- (Rupees ten thousand only) to be paid by the petitioner in favour of the Tamil Nadu Red Cross Society, Chennai. The Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar cs To 1. The Chief Secretary, Government of Tamil Nadu, St.George Fort, Chennai-600 009. 2. The Secretary to Government, Adi Dravidar and Tribal Welfare Department and The Chairman, State Level Scrutiny Committee, Government of Tamil Nadu, St.George Fort, Chennai-600 009. 3. Dr.S.Sumathi Anthropolist and the Member, State Level Scrutiny Committee, Madras University, Chennai-600 005. 4. The District Collector and the Chairman, District Vigilance Committee, Chennai District, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 5. The District Collector and the Chairman, District Vigilance Committee, Vellore District, Vellore. 6. The District Collector, and the Chairman, District Vigilance Committee, Dharmapuri District, Dharmapuri. 7. The Sub-Collector, Revenue Divisional Office, Thirupattur, Vellore District. 8. The Revenue Divisional Officer, Harur, Dharmapuri District. 9. The Tahsildar, Taluk Office, Perambur, Chennai. 10. The Secretary, Tamil Nadu Public Service Commission, Omanthurar Govt. Estate, Chennai. 11. The Secretary, Tamilnadu Red Cross Society Chennai- Informing imposition of costs to be paid in their favour) 1 cc To Mr.N.Kannan, Advocate, SR.27556 1 cc To The Government Pleader, SR.28022 W.P.No.11823 of 2009 CK(CO) SRA(9/7/2009) https://hcservices.ecourts.gov.in/hcservices/