Kavusalya 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.17460 of 2025 and W.M.P.No.19800 of 2025 Kavusalya Petitioner vs.

1.

Union of India Rep. by its Secretary to Government (Revenue) Government of Puducherry Chief Secretariat, Puducherry The Tahsildar Villiyanur Taluk Office Puducherry 605 110 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to issue Community Certificate to the petitioner's sons (M.Jagadheesh & M.Harishmithran) based on petitioner's origin (mother's origin). For petitioner Mr. Stalin Abhimanyu 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 petitioner seeks issuance of community certificate to her two sons on the basis of her community certificate. It is claimed that the petitioner as well as 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...." 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 The said special leave petition was dismissed as withdrawn on 03.02.2025.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 availing free 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. Connected W.M.P. stands closed. (G.R.S.,J.) (V.L.N.,J.) 22.05.2025 cad Page Nos.4/6

To 1.

The Secretary to Government (Revenue) Union of India Government of Puducherry Chief Secretariat Puducherry The Tahsildar Villiyanur Taluk Office Puducherry 605 110 Page Nos.5/6

G.R. SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

cad 22.05.2025 Page Nos.6/6