LAWS(MAD)-2009-7-381

TAMIL NADU SCHEDULED TRIBE MALAYALI PERAVAI REGD NO 307/93 Vs. CHIEF SECRETARY GOVERNMENT OF TAMIL NADU

Decided On July 01, 2009
TAMIL NADU SCHEDULED TRIBE Appellant
V/S
CHIEF SECRETARY Respondents

JUDGEMENT

(1.) THIS Writ Petition has been preferred for a declaration that the orders passed by the District Level Scrutiny Committee constituted earlier as a Three Member Committee, confirming the Community Certificates issued under the Kurumans Community as Scheduled Tribe in respect of three Districts, namely (1) Chennai, (2) Vellore and (3) Dharmapuri, from 6.5.1997 till date, as null and void and consequently to direct the respondents to reconstitute a fresh Committee for the purpose of ascertaining the Community Certificate and Scheduled Tribe under the Kurumans Community in accordance with the Rules laid down by the Supreme Court of India and the Constitution of India.

(2.) THOUGH such a prayer has been made, no specific pleading has been made in support of the claim. A particular community can be declared as a Scheduled Tribe, only by the President of India under Article 342 of the Constitution of India and no person can assail the same on the ground that the particular Community cannot be declared as a Scheduled Tribe.

(3.) IN fact, the Writ Petition appears to be frivolous one, and that is also one of the grounds on which it can be dismissed.