Recently, the Madras High Court heard a batch of writ petitions challenging the denial of community certificates to members of the Malayali community in Erode District, claiming Scheduled Tribe (ST) status in Tamil Nadu. The petitioners sought directions to authorities to recognize them as ST members, relying on a State Government recommendation for inclusion of the Malayali community in the Scheduled Tribes list.
The petitioners contended that several Malayali residents in Erode had already received community certificates from the Revenue Divisional Officer and argued that denying them the same recognition would amount to discrimination against similarly placed members of the community.
The State, represented by the Government Pleader, opposed the petitions, stating that the Malayali community is recognized as a Scheduled Tribe only in certain districts Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot, and Tiruchirappalli and Erode District is not included. It was submitted that certificates could not be lawfully issued based solely on recommendations or past practice.
The Court observed that inclusion or exclusion in the Scheduled Tribes list can only be effected by parliamentary enactment under Article 342 of the Constitution. A State Government recommendation alone cannot form a legal basis for issuing ST certificates. The Bench noted that while the Malayali community is recognized as ST in Tamil Nadu, this recognition is territorially restricted and does not extend to Erode District. The Court expressed concern over certificates already issued in Erode and sought an explanation from the State.
The Court refrained from granting the relief sought and directed the State Government to file a reply within four weeks explaining the issuance of the community certificates in Erode. The matter has been posted for further hearing.
Case Title: P Deepa v. The Collector
Case No.: W.P.No.34912 of 2025:
Coram: Chief Justice Manindra Mohan Shrivastava and .Justice G.Arul Murugan
Counsel for the Petitioner: Adv. S.Doraisamy
Counsel for the Respondents: Special Government Pleader M A.Edwin Prabakar
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