V.Veerasekari v. The Revenue Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No. 32397 of 2025 V.Veerasekari W/o. Velayutham, D/o. Murugan, No.23 Vaikkal Street, Pangur, Thennal Post, Puducherry - 605 102.

Petitioner(s) Vs

1. The Revenue Department Rep. by its Secretary, Union Territory of Puducherry, Puducherry.

2. The District Collector Office of the District Collector, Puducherry - 605 001.

3. The Tashildar Villianur Taluk, Puducherry Respondent(s)

PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent to process the petitioner's applications vide reference Nos.4177 and 4178 dated 7.07.2025 and issue a mother based Scheduled Caste certificate to the petitioner's children, namely Nilamaran aged 11 years and Nilavan aged 9 years, within a stipulated time.

For Petitioner(s):

Mr.M.Sudhan For M/s.A.V.Raja For Respondent(s):

Mr.V.Vasanthakumar Addl. Government Pleader (Pondy)

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The grievance, as ventilated through this petition, is that even though the petitioner holds a valid caste certificate and the same is standing in her name without any dispute, the respondent authorities have opened another round of enquiry when application for issuance of caste certificate in favour of her children was submitted before the authority.

2. Learned State Counsel, on instructions received from the Tahsildar vide letter dated 26.8.2025, would submit that the

petitioner was informed by the Village Administrative Officer to approach the Tahsildar, Pondicherry Taluk Office, Puducherry, to get previous residence and caste report, as her family resided in Abishegapakkam Village, which falls under the jurisdiction of the Pondicherry Taluk, prior to year 1961 up to the year 1990, and the family of the petitioner moved to Sivaranthagam Village, which came within the jurisdiction of Tahsildar, Villianur, only later than the year 1990. As the petitioner did not submit required documents, the matter is still pending. Upon production of the required documents, office would consider the application on merits.

3. If the caste certificate issued by the Tahsildar, Villianur, in favour of the petitioner still stands and is not under scrutiny by the High Level Caste Scrutiny Committee, we fail to understand how a fresh enquiry could be initiated to examine the entitlement of the children of the petitioner for issuance of similar certificate.

4. Opening of a new enquiry by the third respondent on the aspects relating to previous residence, etc., is not permissible.

Therefore, the third respondent/Tahsildar should proceed to issue caste certificate in favour of the children of the petitioner forthwith. Petition is accordingly allowed. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 28.08.2025 Index :

Yes/No :

Yes/No sasi To:

1. The Revenue Department Rep. by its Secretary, Union Territory of Puducherry, Puducherry.

2. The District Collector Office of the District Collector, Puducherry - 605 001.

3. The Tashildar Villianur Taluk, Puducherry

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(sasi) WP No. 32397 of 2025 28.08.2025