1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.13561 of 2011 and M.P.(MD)No.1 of 2011 M.Kanagu ... Petitioner Vs. 1.The State Election Commissioner, Office of the State Election Commission, Tamil Nadu State Government, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Koyembedu, Chennai-600 106. 2.The Secretary to Government, Adi Dravidar & Tribal Welfare Dept., Government of Tamil Nadu, Fort St.George, Chennai-9. 3.The National Commission for Scheduled Castes, Government of India, State Office At Floor-II, Block-5, Shastri Bhavan, Chennai-600 006. 4.The State Commission for Scheduled Castes, Chennai. 5.The District Collector, Sivagangai District. 6.The Commissioner, S.Pudur Panchayat Union, S.Pudur, Thiruppathur, Sivagangai. 7.The Tahsildar, Thiruppathur, Sivagangai District. 8.S.Sankar, S/o.Settu @ Shanmugam, President, https://hcservices.ecourts.gov.in/hcservices/ 2 Ulagampatti Village Panchayat, S.Pudur Panchayat Union, Thiruppathur, Sivagangai. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 7th respondent to complete the enquiry into the genuineness of the 8th respondent's Community Certificate as "Puthirai Vannan", within a reasonable time. For Petitioner : Mr.Saravana Kumar for Mr.B.Jameel Arasu For Respondents : Mr.K.Mahendran, 1,2, 4 to 7 Spl.Govt.Pleader. ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the 7th respondent to complete the enquiry into the genuineness of the 8th respondent's Community Certificate as "Puthirai Vannan", within a reasonable time. 2.Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondents. In view of the order which we propose to pass, we are of the view that no notice need be sent to respondents 3 and 8 as this order would also protect their interest also. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for hearing at the time of admission itself. 3.Learned counsel for the petitioner would submit that the 8th respondent has produced a bogus community certificate at the time of local body election and as such, the village people have given representations to the District Collector, namely the 5th respondent herein. It is also submitted that already the 7th respondent has issued notice, proposing to conduct an enquiry and as such, the 7th respondent may be directed to complete the enquiry within a time frame. 3.Mr.K.Mahendran, learned Special Government Pleader, would submit that the 7th respondent, namely, the Tahsildar, is neither the competent authority nor has power to interfere into the genuineness of the community certificate issued to the 8th respondent and it is for the District Level Vigilance Committee to enquire into the same. He would further contend that if there is any dispute regarding election, the petitioner is entitled to file only election petition. 4.This Court carefully considered the rival submissions made by the counsel on either side and also perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 3 5.At the outset, it is to be stated that this Court cannot give a direction as sought for by the petitioner directing the 7th respondent to complete the enquiry, in view of the fact that this Court cannot go into such disputed matters, at this stage. However, it is seen that the petitioner and the villagers have already made representations to the District Collector, namely the 5th respondent. In view of the same, without going into the merits of such representations dated 24.10.2011, 25.10.2011 and 31.10.2011, this Court is constrained to direct the 5th respondent, the District Collector, Sivagangai District, to consider those representations, by affording an opportunity to the petitioner as well as to the 8th respondent and to other relevant parties and dispose of the same on their own merits and in the manner known to law, within a period of eight weeks from the date of receipt of a coy of this order. The petitioner shall also furnish fresh copies of representations, dated 24.10.2011, 25.10.2011 and 31.10.2011, along with a copy of this order, to the 5th respondent within a period of ten days from the date of receipt of a copy of this order. 7.With the above direction, this writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To: 1.The State Election Commissioner, Office of the State Election Commission, Tamil Nadu State Government, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Koyembedu, Chennai-600 106. 2.The Secretary to Government, Adi Dravidar & Tribal Welfare Dept., Government of Tamil Nadu, Fort St.George, Chennai-9. 3.The National Commission for Scheduled Castes, Government of India, State Office At Floor-II, Block-5, Shastri Bhavan, Chennai-600 006. https://hcservices.ecourts.gov.in/hcservices/ 4 4.The State Commission for Scheduled Castes, Chennai. 5.The District Collector, Sivagangai District. 6.The Commissioner, S.Pudur Panchayat Union, S.Pudur, Thiruppathur, Sivagangai. 7.The Tahsildar, Thiruppathur, Sivagangai District. gb rl/8c – 1.12.2011 Order in W.P.(MD)No.13561/2011 and M.P.(MD)No.1 of 2011 Dated:29.11.2011 https://hcservices.ecourts.gov.in/hcservices/