R. RENGANATHAN Vs. TAMIL NADU STATE LEVEL SCRUTINY COMMITTEE, ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT AND ORS.

JUDGEMENT

(1.) ASSAILING the legality and validity of the proceedings bearing No. 10232/CV - 2/2012 -11 dated 22nd June, 2015 of the first respondent, the petitioner has filed the instant petition.

(2.) THE learned counsel appearing for the petitioner submits that while rejecting the case of the petitioner for grant of community certificate, the first respondent had not adhered to the guidelines issued by the Supreme Court of India in Kumari Madhuri Patil Vs Additional Commissioner, Tribal Development & Others : (1994) 6 SCC 241 and also the Government Order in G.O. Ms.No. 106, Adi Dravidar and Tribal Welfare Department dated 15th October, 2012. It is further urged that the petitioner is entitled to a copy of the report of the Vigilance Cell with an opportunity to present his case in response to the said report. In the case on hand, the petitioner was never furnished any report of the Vigilance Officer when the first respondent, relying on the said report, had rejected the case of the petitioner. It is also contended that the State Level Scrutiny Committee has not considered any report of the Anthropologist in respect of the anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies, as mandated by the Supreme Court. Thus, the impugned order deserves to be set aside with a direction to consider afresh and pass an order upholding the certificate granted to the petitioner by the competent officer.

(3.) WE have heard the learned counsel for the parties, perused the pleadings and documents appended thereto.