[Cites 1, Cited by 0]
Madras High Court
Kayalvizhi vs Union Of India on 20 May, 2026
Author: G. R. Swaminathan
Bench: G. R. Swaminathan
WP No. 14620 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No. 14620 of 2026
Kayalvizhi
W/o.Raja
No.38, First cross,
Gnanaprakasam Nagar,
Saram,
Puducherry -605013.
..Petitioner
Vs
1. Union Of India
Rep by its Secretary to Government (Revenue )
Government of Puducherry,
Chief Secretariat,
Puducherry.
2. The District Collector,
Puducherry.
3. The Deputy Collector
Revenue - North,
Puducherry
4. The Tahsildar,
Department of Revenue and Disaster
Management
Taluk office,
Oulgaret, Puducherry
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus to direct the 4th respondent to
issue Community Certificate to the petitioner’s elder minor son Dharshan,
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WP No. 14620 of 2026
aged about 16 years based on her origin as requested in her application dated
18 .02. 2026 within a reasonable time as may be fixed by this Honourable
court and pass
For Petitioner : Mr. A.E.Ravichandran
For Respondent(s): Mr.V.Vasanthakumar,
Additional Government Pleader (Puducherry)
for R1 to R4
ORDER
(Order of the Court was made by G.R.Swaminathan J.)
The Petitioner seeks issuance of Community Certificate for her son
Dharshan. The petitioner has been experiencing difficulty in this regard,
because, the Department has taken the stand that since the petitioner’s
husband hails from Tamil Nadu, the petitioner’s son cannot be recognised as
belonging to Hindu Adhi Dravidar Origin.
2. The issue of Origin Vs. Migrant candidate has been pending for quite
some time. When the Writ Petitioner filed W.P.No.5548 of 2025, We
disposed of the said Writ Petition on 22.05.2025 in the following terms:
‘Heard both sides.
2. The Writ petitioner seeks issuance of community
certificate to her minor son on the basis of her community
certificate. It is further claimed that the petitioner as well as
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her 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….’
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 seeks community certificate to her
son for prosecuting higher studies, 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.
6.This writ petition is disposed of with the above directions.
There shall be no order as to costs.’
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3. Pursuant to the said direction, the petitioner’s son was issued with the
community certificate on 27.05.2025. The petitioner’s son has since
completed his 12th standard, he has to seek admission in Engineering College.
The petitioner is therefore desperately in need of Community Certificate.
Since the very same origin - migrant issue has been raised, the petitioner is
constrained to file the Writ Petition once again.
4. Considering the fact that the petitioner was granted relief last year
itself, We are of the view that the further enquiry is not warranted. Of
course all these issues will have to await the final order to be passed by the
Honourable Supreme Court of India.
5. Learned Addl. Govt. Pleader (Pondicherry) appearing for the
respondents 1 to 4 states that since the Supreme court had granted stay of the
proceedings, it should be taken that the judgment passed by the Division
Bench should be deemed to have been stayed, we cannot subscribe to the
proposition canvassed by the Law Officer.
6. We direct the 4th respondent to immediately issue Community
Certificate acknowledging the petitioner’s son Dharshan as Hindu Adhi
Dravida Origin. This shall be done as soon as possible, so as to enable him to
pursue his higher studies. We, however clarify that the certificate to be issued
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in favour of the petitioner’s son shall abide by the outcome of the proceedings
now pending before the Honourable Supreme Court of India.
7. The Writ Petition is allowed accordingly. No costs.
(G.R.S.,J.) (V.L.N.,J.)
20-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MSR/GV
To
1. The Secretary to Government (Revenue )
Union Of India Government of Puducherry,
Chief Secretariat,
Puducherry.
2. The District Collector,
Puducherry.
3. The Deputy Collector
Revenue - North,
Puducherry
4. The Tahsildar,
Department of Revenue and Disaster Management
Taluk office,
Oulgaret, Puducherry
Note: Issue copy on 21.05.2026
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G.R.SWAMINATHAN J.
AND
V.LAKSHMINARAYANAN J.
MSR/GV
20-05-2026
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