In a writ petition, the petitioner sought the creation of a separate department for Scheduled Tribes in Tamil Nadu, distinct from the Schedule Caste department. The Court held that creating departments is an administrative matter for the State Government to decide and dismissed the petition.
Writ petition dismissed; no costs.
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THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN
W.P.No.33032 of 2016
C.Eraiarul ... Petitioner
Vs.
1. The Government of India
Ministry of Tribal Affairs
New Delhi.
2. The State of Tamil Nadu
rep. by Chief Secretary
Fort St. George
Chennai – 9. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of
India for issuance of a writ of to direct the second
respondent to consider the representations of the
petitioner dated 24.11.2015 and 20.4.2016 and create a
separate ministry and separate department for the welfare
of the Scheduled Tribe people in the State of Tamil Nadu.
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitioner seeks creation of a separate department for the Schedule Tribe population, as distinct from the Schedule Caste population, i.e., instead of common
department, calls for separate departments in line with what is stated to be prevalent in other States. The petitioner made representations on 24.11.2015 and 20.4.2016. In fact, the Government of India/first respondent has forwarded the representation made to it to the State Government vide letter dated 2.6.2016.
We are, thus, not inclined to entertain a public interest litigation in this regard. The writ petition is, accordingly, dismissed. No costs.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
sasi
To:
1. The Secretary to Government
Ministry of Tribal Affairs
Government of India
New Delhi.
2. The Chief Secretary
State of Tamil Nadu
Fort St. George
Chennai – 9.
+1cc to Mr.Su.Srinivasan, Advocate, S.R.No.54174 +1cc to Mr.S.Doraisamy, Advocate, S.R.No.53714 +1cc to Mr.A.Murugan, Advocate, S.R.No.53547 +1cc to the Government Pleader, S.R.No.53657
W.P.No.33032 of 2016
NM(CO) CA(28/09/2016)
2 issues framed by the court
Whether this Court should entertain a public interest litigation seeking creation of a separate department for Scheduled Tribes in Tamil Nadu.
Whether the creation of departments falls within the administrative domain of the Government.
1 provisions across 1 enactments
C.Eraiarul
The Government of India Ministry of Tribal Affairs
The State of Tamil Nadu rep. by Chief Secretary
Sanjay Kishan Kaul
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
