Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.R. SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.No.3239 of 2025 and W.M.P.No.10220 of 2025 P.Baskar Petitioner vs.
1. Union of India Rep. by its Secretary to Government (Revenue) Government of Puducherry Chief Secretariat Puducherry 605 001
2. The Tahsildar Bahour Tahsildar Office Bahour Commune Panchayat Puducherry 607 402 Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 24.09.2024 and consequently, direct the 2nd respondent to issue Scheduled Caste (Origin) Certificate to the petitioner and his children viz., B.Abishek and B.Suhasini within a stipulated time. Page Nos.1/6 For petitioner Mr. S. Vijayakumar For respondents Mr. V. Vasantha Kumar Addl. Govt. Pleader (Puducherry)
ORDER
(made by G.R. SWAMINATHAN, J.) Heard both sides.
2. The writ petitioner seeks issuance of community certificate
to himself and his two children on the basis of his mother's origin. It is further claimed that the petitioner as well as his parents are having their permanent abode at Pondicherry prior to the cut off date. The
learned counsel for the petitioner draws our attention to the order
dated 19.11.2024 passed in W.P.Nos.34728 of 2024, etc. batch which
was disposed of by a Division Bench consisting of D. Krishnakumar, J.
(as His Lordship then was) and P.B. Balaji, J. The relevant portion of the said order reads as follows: “6. Considering the submissions made by the learned counsel appearing on either side, we dispose of the writ petitions as follows: “The respondent concerned is directed to consider the individual application filed by the petitioners and to pass orders on its own merits and in accordance with law, by taking into account the decision of the Division Bench of this Court in W.P.No.34929 of 2023 dated 21.12.2023 within a period of four weeks from today, considering the urgency/purpose for getting the community certificate....”
Page Nos.2/6
3. The aforesaid order was put to challenge before the
Hon'ble Supreme Court in S.L.P. (C) Diary No.56953 of 2024. The said special leave petition was dismissed as withdrawn on 03.02.2025. By the dismissal of the special leave petition, the aforesaid order passed by the Division Bench stands confirmed.
4. Since the petitioner needs community certificate to him
and his two children for higher education of his two children, there is an acute urgency in the matter. Hence, we direct the second respondent to grant personal hearing to the petitioner on 24.05.2025. The petitioner shall be present in the office of the second respondent at 10.00 a.m. on 24.05.2025 with all the relevant materials.
5. The second respondent shall consider the same and
dispose of the petitioner's application on or before 27.05.2025. The copy of the order to be passed by the second respondent/community certificate to be issued by the second respondent will be served on the petitioner on the same date. Page Nos.3/6
6. This writ petition is disposed of with the above directions. There shall be no order as to costs. Connected W.M.P. stands closed. (G.R.S.,J.) (V.L.N.,J.) 22.05.2025 cad Page Nos.4/6 To
1. Secretary to Government (Revenue) Union of India Government of Puducherry Chief Secretariat Puducherry 605 001
2. The Tahsildar Bahour Tahsildar Office Bahour Commune Panchayat Puducherry 607 402 Page Nos.5/6
G.R. SWAMINATHAN, J.
and
V. LAKSHMINARAYANAN, J.
cad 22.05.2025 Page Nos.6/6