M. RAMAMURTHY Vs. THE STATE LEVEL SCRUTINY COMMITTEE, REP. BY ITS CHAIRMAN AND PRINCIPAL SECRETARY TO GOVERNMENT AND

JUDGEMENT

(1.) THE Petitioner challenges the impugned order, in Proceedings No. 11043/CV -II/2012 -7, dated 03.01.2014, issued by the 1st Respondent/State Level Scrutiny Committee, in rejecting the claim of the Petitioner and also cancelling the Hindu 'Sholaga' Scheduled Tribe Community Certificate No. 528/74, dated 26.07.1974, issued by the Tahsildar, Nanguneri, Tirunelveli District.

(2.) ACCORDING to the Learned Counsel for the Petitioner, the 3rd Member of the Tamil Nadu State Level Scrutiny Committee/ Anthropologist took part in the District Vigilance Committee and later, also in the State Level Scrutiny Committee and in W.P. No. 19656 of 2009 filed by the Petitioner therein (viz., S. Saraswathy), the Division Bench of this Court, on 04.08.2010, quashed the Proceedings No. 21425/CV -II/2008, dated 08.09.2009, on the file of the State Level Scrutiny Committee and that the said order squarely applies to the facts of the present case on hand.

(3.) THE Learned Counsel for the Petitioner contends that as per G.O. (Ms.) No. 106, Adi Dravidar and Tribal Welfare (CV I) Department, dated 15.10.2012, the Government of Tamil Nadu has constituted Vigilance Cells at regional level to verify the community status of the persons belonging to the Scheduled Castes/Scheduled Tribes and to submit its report to the competent committee and in the present case on hand, the 1st Respondent/State Level Scrutiny Committee ought to have called for a Report from the properly constituted Vigilance Cell and thereafter should have proceeded to determine the subject matter in issue. However, such a report from the Vigilance Cell was not obtained by the 1st Respondent/Committee and in this regard, the Learned Counsel for the Petitioner seeks in aid of the Division Bench order of this Court, dated 27.11.2012, in W.P. No. 27752 of 2011, whereby and whereunder, in paragraph No. 7, it is, inter alia, held as follows: