1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8964 of 2011 and M.P.No.1 of 2011 M.Sakthivel : Petitioner Vs. The Revenue Divisional Officer, Sivakasi, Virudhunagar District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the notice sent by the respondent herein in proceedings Na.Ka.A3/310/09, dated 19.07.2011 on the file of the respondent herein. For Petitioner : Mr.K.R.Laxman For Respondent : Mr.K.Mahendran Special Government Pleader ORDER [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Writ Petitioner, who is stated to be belonging to Scheduled Tribe Community, challenges the notice issued by the respondent dated 19.07.2011, directing the petitioner to appear before him for an enquiry, on the ground that the respondent has no jurisdiction after the Government Order issued in G.O.(2D).No.108, Adi Dravidar and Tribal Welfare (CV-I), Department, dated 12.09.2007, has come into existence and by the said Government Order, in respect of issuance of Community Certificate regarding Scheduled Tribe, the Government has constituted the State Level Scrutiny Committee consisting of the Secretary to Government, Adi Dravidar and Tribal Welfare Department as Chairman, Director/Commissioner Tribal Welfare as Member Secretary and an Anthropologist as Member. In the said Government Order, it has been made clear that if the District Level Vigilance Committee has already taken a decision before the above said Government Order came into existence, such decision shall not be disturbed. 3. Therefore, the impugned notice is questioned on the basis of want of jurisdiction. Since by virtue of the said Government Order, https://hcservices.ecourts.gov.in/hcservices/ 2 the power has been vested with the State Level Scrutiny Committee, we are of the considered view that instead of interfering with the impugned enquiry notice issued by the respondent dated 19.07.2011, the respondent should be directed to send all the papers to the State Level Scrutiny Committee within a stipulated time so as to enable the State Level Scrutiny Committee to decide the issue in accordance with law. 4. Accordingly, the Writ Petition stands disposed of directing the respondent to send all the papers, relating to the Community Certificate of the petitioner, to the State Level Scrutiny Committee within a period of four weeks from the date of receipt of a copy of this order and on receipt of the same, the State Level Scrutiny Committee is directed to decide the issue by issuing notice to the petitioner, in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (A.E.) /True Copy/ Sub Assistant Registrar To The Revenue Divisional Officer, Sivakasi, Virudhunagar District. +1cc to Mr.K.R.Laxman, Advocate Sr.No.26962 +1cc to The Special Government Pleader Sr.No.27291 NB akm/18.08.11 /2p-4c/ ORDER MADE IN W.P.(MD).No.8964 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/