IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2008 CORAM THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE V.DHANAPALAN Writ Petition No.30051 of 2008 S.Nandakumar .. Petitioner Vs. The State Level Scrutiny Committee rep. by its Chairman Adi Dravidar and Tribal Welfare Department Namkkal Kavignar Maaligai 3rd Floor, Secretariat Chennai. .. Respondent Petition under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the proceedings of the respondent in proceedings no.11347/C VII/2005, dated 5.11.2008 and quash the same. For Petitioner : Mr.V.Vijya Shankar For Respondent : Mr.Raja Kalifullah Government Pleader O R D E R (Made by The Hon'ble The Acting Chief Justice) Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent. 2. On the application of the petitioner, the Revenue Divisional Officer, Cheranmahadevi, issued a community certificate in favour of the petitioner declaring him a member of the Konda Reddy Community, a Scheduled Tribe. The matter was subsequently brought to the notice of the State Level Scrutiny Committee, which, https://hcservices.ecourts.gov.in/hcservices/ after notice and hearing, declared that the petitioner do not belong to such community (Scheduled Tribe) and while cancelling the community certificate, directed the Collector of Kanyakumari District to process and initiate criminal action against the individual concerned and send a report to the Government in due course. The petitioner has taken a specific plea that the community certificate, issued as back in the year 1984, was never used by him for any purpose, including service or education. However, it is alleged that the father of the petitioner, viz. Subburaman used the certificate for admission to one of his son. 3. The learned counsel for the petitioner submits that if the father of the petitioner used some certificate for the benefit of the elder brother of the petitioner, the petitioner cannot be proceeded for an alleged criminal action and therefore, the direction to the Collector, Kanyakumari District to process and initiate criminal action against the petitioner is uncalled-for. 4. The learned Government Pleader submits that the aforesaid matter could be brought to the notice of the Collector of Kanyakumari District, who, after verification, may act in accordance with law. 5. In the facts and circumstances, while we are not interfering with the impugned order dated 5.11.2008, we allow the petitioner to approach the Collector of Kanyakumari District and file an affidavit with a specific stand that the community certificate was never used by him for admission in any school or for employment in any Government or public sector undertaking or for any other purpose, including admission for his children. The Collector of Kanyakumari District, after necessary verification, shall decide whether this a case in which criminal action is required to be taken against the petitioner or not, on the basis of the fact, after due enquiry. Further, it will be open to the petitioner to bring those facts to the notice of the investigating agency, at the time of investigation, in case if any action is taken under law. The writ petition stands disposed of allowed with the aforesaid observation. There shall be no order as to costs. M.P.Nos.1 and 2 of 2008 are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kpl https://hcservices.ecourts.gov.in/hcservices/ To 1. The Chairman State Level Scrutiny Committee Adi Dravidar and Tribal Welfare Department Namkkal Kavignar Maaligai 3rd Floor, Secretariat Chennai. 2. The District Collector Kanyakumari District 1 cc to the Government Pleader, SR. 71334 1 cc to Mr.V. Vijay Shankar, Advocate, Sr. 71511 W.P.No.30051 of 2008. PA (CO) kk 31/12 https://hcservices.ecourts.gov.in/hcservices/