IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 23-07-2009 CORAM: THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN AND THE HONOURABLE MR. JUSTICE C.T. SELVAM W.P.Nos.26047 of 2008, 34354 of 2007 and 35025 of 2007 and M.P.Nos.1 & 1 of 2007 in W.P.Nos.34354 & 35025 of 2007 In W.P.No.35025 of 2007: C. Ulagaraju ... Petitioner Vs. The District Level Vigilance Committee Collector's Office, Vellore District Vellore – 9 rep. By Member Secretary ... Respondent In W.P.No.34354 of 2007: U. Surendra Kumar ... Petitioner Vs. 1. The District Collector Vellore District Vellore 2. The Assistant Collector Tiruppathur Vellore District Vellore 3. The Revenue Divisional Officer Tiruppathur Vellore District Vellore 4. The Tahsildar Tiruppathur Vellore District Vellore ... Respondents https://hcservices.ecourts.gov.in/hcservices/ In W.P.No.26047 of 2008: U. Sangeetha ... Petitioner Vs. 1. The Asst. Collector Thirupathur Vellore District 2. The Revenue Divisional Officer Thirupathur Vellore District 3. District Vigilance Committee Collector's Office Vellore District ... Respondents Prayer in W.P.No.35025 of 2007: Petition filed under Article 226 of the Constitution praying for a writ of certiorarified mandamus calling for the records relating the order of the respondent in Proceeding No.Na.Ka.K5/36409/02 dated 25- 1-2007 quash the same and consequently, forbear the respondent herein or their men or agents or subordinates from taking any steps pursuance to the notice issued in proceedings No.Na.Ka.K5/36409/02 dated 25-10-2007. Prayer in W.P.No.26047 of 2008: Petition filed under Article 226 of the Constitution praying for a writ of mandamus directing the first respondent to pass orders on the representations made by the petiitoner's father on 18-10-2007, 11-04- 2008, 06-05-2008, 11-07-2008 and 11-09-2008 for issuance of a Community Certificate to the effect that the petitioner belongs to Hindu Kurumans (Scheduled Tribe) Community duly taking note of the proceedings of the District Vigilance Committee, Vellore District dated 12-01-2006 in Order K5/36409/2002 in the case of the petitioner's father and the certificate issued to the petitioner's brother in R.DIS.7396/04 dated 06-09-2007 (Srl.No.315/2007) within a time limit to be stipulated by this Court. Prayer in W.P.No.34354 of 2007: Petition filed under Article 226 of the Constitution praying for a writ of mandamus directing the second respondent herein to forthwith issue a permanent Community Certificate to the effect that the petitioner belongs to the Kurumans Community, which is a Scheduled Tribe Community. https://hcservices.ecourts.gov.in/hcservices/ For petitioner :: Mr. Vijay Narayan, Senior Counsel for Mr.R.Parthiban For respondents :: Mr. M. Dhandapani, Spl. G.P. Mr. P. Gurunathan, Govt. Advocate JUDGMENT (Judgment of the Court is delivered by Prabha Sridevan,J.) A most unsatisfactory order granting Community Certificate has been passed by the District Vigilance Committee, though validly constituted. This order has become final and therefore, though we are very unhappy at the way the Committee has passed orders and granted the Community Certificate to a person who claimed he belonged to the Scheduled Tribe without verification of customs and without any other verification, our hands are tied. We do not think this is the purpose for which the State has appointed the District Vigilance Committee. These Committees have been formed so that constitutional benefits are not taken away by undeserving person. We really hope that this is a stray case where the authorities seem to have been blissfully unaware of their responsibilities. The writ petitioner in W.P.No.35025 of 2007 claimed to belong to Hindu Kuruman Community which is a Scheduled Tribe. His ipse dixit was accepted by the District Vigilance Committee and on 12-01-2006, an order was passed in Na.Ka.No.36409.2002 dated 12-01-2006. The order is so brief and devoid of reasons and it deserves to be extracted: "Thiru.C. Ulagaraj, S/o. Chinnamogu appeared before the Three Member District Scrutiny Committee and explained the customs and practices of its tribe. On the basis of his statement, we are satisfied that he belongs to the Hindu Kurumans community. Therefore, we hold that the certificate issued to him is genuine." There is no description of the practices or customs of the Hindu Kurumans community. There is nothing to indicate what this Ulagaraj's statement was. There is no indication of whether his family members or anyone else belonged to Hindu Kuruman Community. His statement is accepted as gospel truth by the Committee, which had decided to give the Certificate as their blessings to him. Unfortunately, it has become final and as per G.O.(2D).No.108, Adi-Dravidar and Tribal Welfare Department dated 12-09-2007 except for challenge under Article 226 of the Constitution of India, this order cannot be assailed. W.P.Nos.26047 of 2008 and 34354 of 2007 are filed by his daughter and son respectively who are aggrieved by the refusal of the respondents to issue the Community Certificates. Once the Certificate issued to the father has become final, obtained by fair https://hcservices.ecourts.gov.in/hcservices/ means or foul, no one can deny his children the benefit of the certificate. But we have to express our unhappiness at the manner in which the District Vigilance Committee has gone about its business. Valuable benefits have been granted under our Constitution to persons who belong to Scheduled Caste/ Scheduled Tribe because of the inherent disadvantages that the people belonging to such community have suffered for centuries. We cannot allow persons who do not belong to such community to reap the benefits. This sort of dereliction of duty would result in a fraud on the Constitution. The Committee has been appointed to ensure that only those persons who belong to Scheduled Tribe and no one else gets the benefits. The Committee must understand its onerous responsibility, the State expects it of them. With a heavy heart but having no other option, we allow these writ petitions. No costs. The connected miscellaneous petitions are closed. (Emphasis supplied) Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar glp To 1. The Member Secretary District Level Vigilance Committee Collector's Office, Vellore District Vellore – 9 2. The District Collector Vellore District Vellore 3. The Assistant Collector Tiruppathur Vellore District Vellore 4. The Revenue Divisional Officer Tiruppathur Vellore District Vellore https://hcservices.ecourts.gov.in/hcservices/ 5. The Tahsildar Tiruppathur Vellore District Vellore 6. District Vigilance Committee Collector's Office Vellore District +1 cc to Mr.R.Parthiban, Advocate, SR.No.34460 1 cc To The Government Pleader, SR.33967 W.P.Nos.26047 of 2008, 34354 of 2007 and 35025 of 2007 and M.P.Nos.1 & 1 of 2007 AKR {CO} TP/20.8.2009. https://hcservices.ecourts.gov.in/hcservices/