1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.14530 of 2011 and M.P.(MD)No.1 of 2011 R.Kokilavani .. Petitioner Vs. 1.The District Electoral Officer cum District Collector, Thanjavur District, Thanjavur. 2.Raja Sulochana .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first Respondent to conduct the enquiry in the representation of the petitioner dated 05.12.2011 and to consider the same and to take suitable action as per the decision made in the investigation within the stipulated time. For Petitioner : Mr.Veera Kathiravan For Respondent-1 : Mr.K.Mahendran, Spl.Govt.Pleader O R D E R The petitioner has come up with the above writ petition seeking a Mandamus to direct the first respondent to conduct an enquiry on her representation. 2. Heard Mr.Veera Kathiravan, learned counsel for the petitioner. Mr.K.Mahendran, the learned Special Government Pleader takes notice for the first respondent. 3. The petitioner and the second respondent contested for election to the post of President of a village Panchayat. The post was reserved for Scheduled Caste. The second respondent was declared elected. 4. The grievance of the complainant is that the second respondent belongs to the Backward Community and that by producing a fabricated Community Certificate, she contested and won the election. 5. However it is well settled that till a Community Certificate issued by a competent authority is set aside either by the District or State Level Vigilance Committee, no other officer including the electoral officer can presume it to be invalid. Therefore no purpose will be served in my directing the first respondent to dispose of the representation, since he can dispose it of only in one way. 6.The appropriate course open to the petitioner is only to send representation to the concerned Revenue Divisional Officer and to the https://hcservices.ecourts.gov.in/hcservices/ 2 District Level Vigilance Committee for initiation of an enquiry into the genuiness of the Community Certificate. After giving such a representation it is open to the petitioner to come up with a writ petition impleading the Revenue Divisional Officer and the Vigilance Committee as parties. Therefore the writ petition is dismissed with above liberty. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Deputy Registrar (Accounts) / True Copy / Assistant Registrar To The District Electoral Officer cum District Collector, Thanjavur District, Thanjavur. Mpk SR : 02.01.2012 : 2p/2c W.P.(MD)No.14530 of 2011 20-12-2011 https://hcservices.ecourts.gov.in/hcservices/