Disposed

John Lopez v. State Level Scrutiny committee

Madras HC1 Apr 2022WP/7867/2022

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 of the Constitution of India seeking Mandamus to direct the State Level Scrutiny Committee to conclude and pass final orders regarding the ST certificate of the fourth respondent within three months.

What did the court decide?

Directing the 1st respondent to conduct and pass final orders on the pending enquiry within three months from the date of receipt of this Order.

John Lopez Vs State Level Scrutiny committee — Pension and Retirement Benefits | Madras HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 01.04.2022

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE T.RAJA

¶5

and

¶6

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

¶7

W.P.No.7867 of 2022

¶8

John Lopez ... Petitioner

¶9

-vs-

¶10

State Level Scrutiny Committee, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai-600 009.

¶11

The District Collector, Dindigul District Collectorate, Dindigul-624 004.

¶12

Revenue Divisional Officer, Dindigul, Dindigul-624 001.

¶13

P.Ramamoorthi

¶14

... Respondents

¶15

Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the 1^st respondent to pass final orders in Lr.No.8883/CVIII/2019-6 dated 24.01.2020 with regard to the ST certificate of the 4^th respondent, within a time frame fixed by this Court.

¶16

For Petitioner : Mr.A.Ashvathaman

¶17

ORDER

¶18

(Order of the Court was made by T.RAJA, J.)

¶19

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the 1^st respondent to pass final orders in Lr.No.8883/CVIII/2019-6 dated 24.01.2020 with regard to the ST certificate of the 4^th respondent, within a time frame fixed by this Court.

¶20

https://hcservices.ecourts.gov.in/hcservices/

¶21

Learned Counsel appearing for the petitioner would submit that the 4^th respondent herein has obtained Scheduled Tribe Certificate by false claim whereas he hails from Naicker Community which has been listed as Backward Class Community. In this regard, the petitioner has given a complaint before the Director, Vigilance and Anti-Corruption, Chennai and also before the State Level Scrutiny Committee, the 1^st respondent herein. An FIR in Crime No.3/2018 was also registered. But the said FIR was challenged by filing a quash petition under Section 482 of Cr.P.C. before this Court and finally, this Court allowed the petition thereby quashing the FIR with liberty to the official respondents therein to proceed further based on the outcome of the verification process before the State Level Scrutiny Committee. Since the FIR registered against the 4^th respondent was quashed by this Court with liberty to the respondents therein to await the result of the State Level Scrutiny Committee, the 1^st respondent herein having seized of the matter for quite a long time has not come forward to conduct and complete the enquiry. Therefore, the petitioner has been advised to come to this Court by filing the present Writ Petition seeking to direct the 1^st respondent to conclude and pass final orders in Lr.No.8883/CVIII/2019-6 dated 24.01.2020 with regard to the ST certificate of the 4^th respondent.

¶22

Mr.K.V.Sajeev Kumar, learned Special Government Pleader taking notice for the respondents 1 to 3 would submit that as the subject matter is pending before the 1^st respondent herein, 3 months time may be granted to complete the enquiry on the issue as to whether the 4^th respondent belongs to Scheduled Tribe Community or not. He would further submit that after receiving a report from the Vigilance and Anti Corruption Department and also the Anthropologist, the 1^st respondent will hold an independent enquiry on the basis of which final orders shall be passed.

¶23

Recording the submissions of the learned Special Government Pleader for the respondents 1 to 3, this Courts directs the 1^st respondent herein, namely, State Level Scrutiny Committee, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai-600 009, to conduct and pass final orders on the pending enquiry against the 4^th respondent in Lr.No.8883/CVIII/2019-6 dated 24.01.2020, within a period of three months from the date of receipt of a copy of this Order.

¶24

https://hcservices.ecourts.gov.in/hcservices/

¶25

With the above observation and direction, the Writ Petition is disposed of. No costs.

¶26

Sd/-

¶27

Assistant Registrar(CS-VII)

¶28

// True Copy //

¶29

Sub Assistant Registrar

¶30

tsi

¶31

¶32

State Level Scrutiny Committee, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai-600 009.

¶33

The District Collector, Dindigul District Collectorate, Dindigul-624 004. 3. Revenue Divisional Officer, Dindigul, Dindigul-624 001. +1cc to the Government Pleader, SR.No.23237

¶34

W.P.No.7867 of 2022 RSI(CO) CB(11/04/2022)

¶35

https://hcservices.ecourts.gov.in/hcservices/

John Lopez v. State Level Scrutiny committee

Case brief

What is this about?

What did the court decide?

John Lopez v. State Level Scrutiny committee

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

G.Pichandi Vs The District Collector

G.Kamachi Vs The Chief Electrical Inspector to Government

The Karur District Quarry and Crushers Owners Association Vs N.Muruganandam

Ekambaram Vs The Secretary to Government

R.Muthukkumarasamy Vs The District Collector

P.Sadanandan Vs The Secretary