ORDER

N.SATHISH KUMAR, J.

This writ petition has been filed challenging the order of the first respondent in G.O.(Ms)No.106 Adi-Dravidar Tribal Welfare (CV-1) Department dated 09.12.2024, insofar as it relates to the conduct of fresh inquiry in the areas of Sathyamoorthy Nagar, Anthaneri and Kadachanendal of Madurai District.

2.The petitioner claims that he belongs to Hindu ST-Kattunayakkan community and he challenged the impugned Government Order mainly on the ground that time frame has not been granted in the said G.O., and therefore, the same cannot be sustained. According to him, once a community status has been determined through proper anthropological studies and verified by competent authorities, the subsequent authority cannot ignore or disregard such a determination without valid ground. Therefore, the impugned Government Order is liable to be set aside.

3.The first respondent has filed a counter affidavit and the relevant portions are extracted hereunder:-

6.c.An inspection of the records of the Revenue Divisional Officer, Madurai revealed that from 2006 to 2023, a total of 832 (Eight Hundred and Thirty-Two) community certificates identifying individuals as Kattunayakan-Scheduled Tribe were issued. During the same period, 1,131 (One Thousand One Hundred and Thirty-One) applications for the same were rejected by various RDOs, based on the directions of the Hon'ble Courts and findings in anthropologist reports. It is pertinent to note that several of these rejected applications were subsequently appealed before the District Level Vigilance Committee, and certificates were issued on the basis of field inspection reports by anthropologists Mr. Jakka Parthasarathy and Ms.Sumathi.

6.d.Subsequently, there was a surge in the number of new applications received by the RDO for issuance of Kattunayakan -Scheduled Tribe community certificates. In view of the need for anthropological verification, the RDO requested the Director of the Tribal Welfare Department, via letter No. to Na.Ka.No. 3563/2023/F dated 26.06.2023, appoint an anthropologist for conducting field inspections. Pursuant to this, by letter No. Na.Ka.No.Pa.Me/A1/5744/2023 dated 01.12.2023, the Director appointed Mr. Amuthavalluvan as the anthropologist. He conducted field inspections in the aforementioned areas and submitted his report on 20.02.2024, stating that the residents of the area do not belong to the Scheduled Tribe category, but rather to the Most Backward Class communities, specifically Thottiyanaicker and Rajakamblam.

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8.It is humbly submitted that, considering the prevailing situation in Madurai and the conflicting reports submitted by various anthropologists at different points of time regarding the tribal status of the residents in the said area, the Government has decided to constitute a more comprehensive verification committee. Accordingly, Government Order (Ms.) No. 106, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 09.12.2024, was issued to form a committee comprising four anthropologists and one Deputy Superintendent of Police from the Social Justice and Human Rights Wing to conduct the field inspection in the area of Sathiyamoorthy Nagar, Anthaneri, Mannadimangalam, Kadachanendal, Vadipatti, Simmakkal, Sellur, Keezhpanangudi, Solanguruni, DRO Colony, Kallanai and nearby areas.

ANTHROPOLOGISTS

DEPUTY SUPERINTENDENT OF POLICE

9.It is respectfully submitted that, as some members of the previously constituted committee were engaged with other official assignments, it was anticipated that the submission of the inspection report would be delayed. In view of this, the Government decided to r