S.Sivapriya v. The Tahsildar
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.17494 of 2025 and W.M.P.Nos.19844 & 19845 of 2025 S.Sivapriya Petitioner vs.
1.
The Tahsildar Department of Revenue and Disaster Management Government of Puducherry Taluk Office, Puducherry The Deputy Tahsildar Department of Revenue and Disaster Management Government of Puducherry Taluk Office, Puducherry The Centralized Admission Committee (CENTAC) Rep. by its Convenor Perunthalaivar Kamarajar Manimandapam Karuvadikuppam, Puducherry Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent Nos.1 and 2 to consider the application dated 08.04.2025 and 06.05.2025 submitted by the petitioner for issuance of Community Certificate to the petitioner's minor daughter Roshni (F/17 years) indicating that she belongs to Hindu Adi-Dravidar Community, which is recognized as "Schedule Caste" in Union Territory of Puducherry as per the Constitution (Pondicherry) Schedule Castes Order, 1964 based on community certificates issued to the petitioner and other family members of the petitioner's mother forthwith without any further delay.
Page Nos.1/6
For petitioner Mr. Prakash Adiapadam For respondents Mr. V. Vasantha Kumar Addl. Govt. Pleader (Puducherry)
ORDER
(made by G.R. SWAMINATHAN, J.) Heard both sides.
The petitioner seeks issuance of community certificate to her daughter on the basis of her origin. It is further 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
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 applying for admission in colleges under Government quota through CENTAC, there is an acute urgency in the matter. Hence, we direct the first respondent to grant personal hearing to the petitioner on 24.05.2025. The petitioner shall be present in the office of the first respondent at 10.00 a.m. on 24.05.2025 with all the relevant materials.
5.
The first 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 first respondent/community certificate to be issued by the first 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 writ miscellaneous petitions are closed.
(G.R.S.,J.) (V.L.N.,J.) 22.05.2025 cad Page Nos.4/6
To 1.
The Tahsildar Department of Revenue and Disaster Management Government of Puducherry Taluk Office, Puducherry The Deputy Tahsildar Department of Revenue and Disaster Management Government of Puducherry Taluk Office, Puducherry The Convenor Centralized Admission Committee (CENTAC) Perunthalaivar Kamarajar Manimandapam Karuvadikuppam, Puducherry Page Nos.5/6
G.R. SWAMINATHAN, J.
and V. LAKSHMINARAYANAN, J.
cad 22.05.2025 Page Nos.6/6