N.Godhandaraman v. Union Of India

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 N.Godhandaraman Petitioner vs.

1.

Union of India Rep. by its Secretary to Government (Revenue) Government of Puducherry Chief Secretariat Puducherry 605 001 The Tahsildar Oulgaret Tahsildar Office Oulgaret Municipality Puducherry 605 008 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents herein to consider the petitioner's 2nd son G.Navin's representation dated 15.10.2024 and consequently direct the 2nd respondent to issue Scheduled Caste (Origin) Certificate to the petitioner and his children viz., G.Balaji and G.Navin within a stipulated time . For petitioner Mr. S. Vijaya Kumar For respondents Mr. V. Vasantha Kumar Addl. Govt. Pleader (Puducherry) Page Nos.1/6

ORDER

(made by G.R. SWAMINATHAN, J.) Heard both sides.

The writ petitioner seeks issuance of community certificate to him 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 The said special leave petition was dismissed as withdrawn on 03.02.2025.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 seeks community certificate to him and his two children for the purpose of their higher education, 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.

(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 The Tahsildar Oulgaret Tahsildar Office Oulgaret Municipality Puducherry 605 008 Page Nos.5/6

G.R. SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

cad 22.05.2025 Page Nos.6/6