1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8846 of 2011 and M.P.(MD) No.1 of 2011 V.Balasubramani : Petitioner Vs. The District Level Vigilance Committee, Dindigul, Rep by its Chairman and District Collector, Dindigul District, Dindigul. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the proceedings of the respondent made in Na.Ka.No.H1/61217/05, dated 20.07.2011. For Petitioner : Mr.M.Duraisamy For Respondent : Mr.K.Mahendran Special Government Pleader O R D E R [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, has earlier approached this Court by filing Writ Petition No.33533 of 2002. A learned Single Judge of this Court, by order dated 21.08.2002, has directed the petitioner to file an appeal against the order of the District Level Vigilance Committee before the State Level Scrutiny Committee and directed the State Level Scrutiny Committee to dispose of the appeal on merits. Pursuant to the order of this Court, admittedly, the petitioner has filed an appeal before the State Level Scrutiny Committee. In the meantime, the Government has issued G.O.Ms.No.111, Adi Dravidar and Tribal Welfare (ADW-10), Department, dated 06.07.2005, by which the District Level Vigilance Committee has been empowered to consider the application in respect of Scheduled Tribe Community. Therefore, the State Level Scrutiny Committee, by order dated 04.10.2005, has remanded the matter back to the District Level Vigilance Committee. Admittedly, the District Level https://hcservices.ecourts.gov.in/hcservices/ 2 Vigilance Committee has not taken any action. In the meantime, the Government has issued G.O.(2D).No.108, Adi Dravidar and Tribal Welfare (CV-I), Department, dated 12.09.2007, by which 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. In the present case, after the said Government Order was passed, the respondent has issued the impugned enquiry notice dated 20.07.2011 calling upon the petitioner to appear before the District Level Vigilance Committee, which has, as-on-date, after the formation of the State Level Scrutiny Committee, pursuant to the order of the Government, is not competent to consider the application regarding issuance of Scheduled Tribe Community Certificate. 4. In such view of the matter, instead of interfering with the impugned enquiry notice issued by the respondent dated 20.07.2011, 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. 5. Accordingly, the Writ Petition stands disposed of directing the respondent – District Level Vigilance Committee to send all the papers, relating to the Community Certificate of the petitioner, to the State Level Scrutiny Committee within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the State Level Scrutiny Committee shall decide the issue and pass appropriate orders on merits and in accordance with law by issuing notice to the petitioner. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Chairman and District Collector, District Level Vigilance Committee, Dindigul District, Dindigul. 2.The State Level Scrutiny Committee, Chennai. +1 CC to Mr.M.Suresh Kumar, Advocate (SR.No.26698) ORDER MADE IN W.P.(MD).No.8846 of 2011 08.08.2011 NB NSV/12.8.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/