In a writ petition challenging an enquiry into the petitioner's community status, the High Court permitted withdrawal with reserved liberty to establish Scheduled Tribe status before the competent authority.
Petitioner permitted to withdraw the Writ Petition with liberty to establish his claim before the competent authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2017
CORAM
THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO and
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.3464 OF 2017 &
W.M.P.No.3445 of 2017
L.Krishnan ... Petitioner
-vs-
1.The Principal Secretary to Government
Adi Dravidar and Tribal Welfare (cv-4) Department
Secretariat,
Chennai 600 009.
2.The Director Tribal Welfare
Tribal Welfare Department
Chepauk,
Chennai 600 005.
3.M.RAvichandran
Deputy Superintendent of Police
SC/ST Vigilance Cell, Salem Region
Collectorate,
Salem.
... Respondents
Writ Petition filed under 226 of the Constitution of India for issuance of a writ of certiorarifued mandamus to call for the records of the first respondent by proceedings in letter No.11909/CV-4(2)/2009-8 Dated 08.09.2016 and quash the same and consequently forbearing the 3 rd respondent from conducting enquiry and verifying the community status of the petitioner.
For Petitioner : Mr.P.Saravana Sowmiyan
For Respondents: Mr.R.Prathap Kumar Govt. Advocate
O R D E R
After making submissions for a while and also drawing our attention to the findings recorded earlier with regard to the claim of a close relative, the learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition, with liberty to raise the necessary plea before the competent authority to establish the genuineness of the claim made by the petitioner that he does belong to Konda Reddy community, which is recognised as Scheduled Tribe. He has also made an endorsement on the reverse of the docket, to the said effect.
2.Reserving the liberty to establish the claim with
reference to relevant material, the present Writ Petition stands
dismissed as withdrawn. No costs. Consequently, connected
Miscellaneous Petition is also dismissed.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
rpa
To
1.The Principal Secretary to Government
Adi Dravidar and Tribal Welfare (cv-4) Department
Secretariat, Chennai 600 009.
2.The Director Tribal Welfare
Tribal Welfare Department
Chepauk, Chennai 600 005.
3.Deputy Superintendent of Police
SC/ST Vigilance Cell, Salem Region
Collectorate, Salem.
+1cc to the Government Pleader Sr.9536
+1cc to Mr.P.Saravana Sowmiyan, Advocate Sr.9386
W.P.No.3464 OF 2017
vsn[co]
srg 23/2/2017
1 issue framed by the court
Whether to allow the petitioner to withdraw the writ petition regarding Scheduled Tribe community status recognition while reserving liberty to prove the claim.
1 provisions across 1 enactments
L. Krishnan
The Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department
The Director Tribal Welfare
MRavichandran
Nooty Ramamohana Rao
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
