Velaye Lor 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 W.P.No.11750 of 2025 and W.M.P.Nos.13291 and 13293 of 2025 1.Velaye Lor 2.P.Murugan 3.Koperundevi 4.Dineshkar Petitioners vs.
1.
Union of India rep. by The District Magistrate-cum-District Collector O/o.The District Collector Government of Puducherry 1st Floor, New Collectorate Building Vazudavoor Road, Pettaiyanchathiram Puducherry 605 009 The Tahsildar Department of Revenue and Disaster Management Government of Puducherry Taluk Office, Puducherry Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to issue S.C. Origin Certificate to the petitioners 3 and 4 on the basis of the community status of the 1st petitioner.
Page Nos.1/6
For petitioners Mr. M. Gnanasekar For respondents Mr. V. Vasantha Kumar Addl. Govt. Pleader (Puducherry)
ORDER
(made by G.R. SWAMINATHAN, J.) Heard both sides.
This writ petition has been filed seeking issuance of community certificate to petitioners 3 and 4 on the basis of community certificate issued to the first petitioner who is the mother of petitioners 3 and 4. It is claimed that the petitioners are having their permanent abode at Pondicherry prior to the cut off date. The learned counsel for the petitioners 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 The said special leave petition was dismissed as withdrawn on 03.02.2025.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 community certificate is sought for the purpose of entering into Government service, there is an acute urgency in the matter. Hence, we direct the second respondent to grant personal hearing to the petitioners on 24.05.2025. The petitioners 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 petitioners' 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 petitioners 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. W.M.P. No.13291 of 2025 filed seeking to file a single writ petition stands ordered. W.M.P. No.13293 of 2025 stands closed.
(G.R.S.,J.) (V.L.N.,J.) 22.05.2025 cad Page Nos.4/6
To 1.
The District Magistrate-cum-District Collector O/o.The District Collector Government of Puducherry 1st Floor, New Collectorate Building Vazudavoor Road, Pettaiyanchathiram Puducherry 605 009 The Tahsildar Department of Revenue and Disaster Management Government of Puducherry Taluk Office, Puducherry Page Nos.5/6
G.R. SWAMINATHAN, J.
and V. LAKSHMINARAYANAN, J.
cad 22.05.2025 Page Nos.6/6