Advocates:
['M/s S Doraisamy', '', 'D RAJKUMAR', 'V ELANGOVAN', 'M/s G HEMA SC']

W.P.No.23397 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.No.23397 of 2019

and

W.M.P.No.23161, 23162 & 23166 of 2019

1.T.K.Kariyappan

2.K.Kirubanandhan

...Petitioners

Vs.

1.The Tamil Nadu State Level

Scrutiny Committee – II,

Adi Dravidar and Tribal Welfare Department,

Secretariat, Chennai – 600 009,

2.The Collector,

Dharmapuri District,

Dharmapuri.

3.The Revenue Divisional Officer,

Dharmapuri, Dharmapuri District.

4.Tamil Nadu Public Service Commission,

Frazer Bridge, Park Town,

Chennai – 600 003,

Rep. By its under Secretary

..Respondents

1/13

https://www.mhc.tn.gov.in/judis

W.P.No.23397 of 2019

Prayer: Writ Petition filed under Article 226 of the Constitution of India

seeking issuance of Writ of Certiorarified Mandamus, calling for the records

relating to the Tamil Nadu State Level Scrutiny Committee in proceedings

No.10876/CVIII/2017-7, dated 25.07.2019 on the file of the 1^st respondent,

quash the same and direct the 3^rd respondent to issue community certificate

to the petitioner and his two sons viz. K.Kirubanandhan and K.Mahendiran.

For Petitioner

: Mr.V.Elangovan

For Respondents

: Mrs.C.Sangamithirai

Special Government Pleader for R1 to R3

Ms.G.Hema, Standing Counsel for R4

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.)

Challenge in the Writ Petition is to the order of the State Level

Scrutiny Committee concluding that the petitioner does not belong to

Kurumans, a Scheduled Trible community as per the presidential

notification.

2.The petitioner sought for community certificate for himself and

his two sons. One of the sons namely, Mahendran is no more and therefore,

2/13

https://www.mhc.tn.gov.in/judis

W.P.No.23397 of 2019

these proceedings are restricted to two petitioners, who are father and son.

The claim of the petitioners for a community certificate was rejected by the

Revenue Divisional Officer, Dharmapuri on 28.11.2015. The said order was

subject matter of challenge in W.P.No.18360 of 2016 before this Court. A

Division Bench of this Court, which considered the claim concluded that the

rejection is improper and while setting aside the order directed the State

Level Scrutiny Committee to verify the applications and forward a report

within a period of one month from the date of receipt of a copy of this order

and directed the Revenue Divisional Officer to issue certificates within a

period of one month thereafter.

3.Consequent upon such directions, the State Level Scrutiny

Committee launched investigation and the Vigilence Cell attached to the

State Level Scrutiny Committee was required to enquire into the communal

status of the petitioners and report. An Anthropologist was also appointed

with a directions to report on the communal status of the petitioners. The

Vigilance Cell by its report dated 28.12.2017, after adherring to the various

guidelines issued by the Hon'ble Supreme Court in Kumari Madhuri Patel

3/13

https://www.mhc.tn.gov.in/judis

W.P.No.23397 of 2019

Vs. Additional Commissioner, Tribal Development reported in 1994 (6)

SCC 241, concluded that the petitioners belong to the Scheduled Trible

called “Kurumans”. The Anthropologist also was of the same opinion. The

State Level Scrutiny Committee chose to rely upon the reports of the

Revenue Divisional Officer and the District Collector of the year 2015 and

2017 respectively to conclude that the petitioners do not belong to the

Scheduled Trible community called “Kurumans”. It is this proceeding,

which is subject matter of challenge in this Writ Petition.

4.We have heard Mr.V.Elangovan, learned counsel for the

petitioner, Mrs.C.Sangamithirai, learned Special Government Pleader

appearing for the respondents 1 to 3 and Mrs.G.Hema, learned Standing

Counsel appearing for the 4^th respondent.

5.The learned