Ezhilan v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)Nos.12596 and 12598 of 2026 Ezhilan ... Petitioner Vs.

1. Union of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, New Delhi - 110001.

2. Registrar General and Census Commissioner of India, Office of the Registrar General, Ministry of Home Affairs, Government of India, New Delhi - 110001.

3. The Director of Census Operations, Tamil Nadu, Chennai.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification dated 22.01.2026 issued by the 2nd respondent and subsequently quash the same as unconstitutional, illegal and erroneous and consequently direct the respondents to 1/6

a) suitably modify the House Listing Operation questionnaire to provide separate and explicit enumeration of Other Backward Classes (OBCs) and Denotified Communities (DNTs), in addition to Scheduled Castes and Scheduled Tribes, in the House Listing Operation proposed to be conducted in Tamil Nadu from 17.07.2026 to 31.07.2026;

b) direct the respondents to frame appropriate guidelines, coding mechanisms and verification procedures to ensure accurate caste-wise enumeration of OBS and DNT communities and to prevent recurrence of errors similar to those alleged to have occurred during the Socio-Economic and Caste Census, 2011;

c) direct the respondents to publish appropriate instructions and training materials to the enumerators regarding recording of OBC and DNT particulars. For Petitioner : Ms.A.Rajini For R1 to R3 : Mr.AR.L.Sundaresan Additional Solicitor General, assisted by Mr.K.Govindarajan, Deputy Solicitor General of India

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification dated 22.01.2026 issued by the 2nd respondent and subsequently quash the same as unconstitutional, illegal and erroneous and consequently direct the respondents to, a) suitably modify the House Listing Operation questionnaire to provide 2/6

separate and explicit enumeration of Other Backward Classes (OBCs) and Denotified Communities (DNTs), in addition to Scheduled Castes and Scheduled Tribes, in the House Listing Operation proposed to be conducted in Tamil Nadu from 17.07.2026 to 31.07.2026;

b) direct the respondents to frame appropriate guidelines, coding mechanisms and verification procedures to ensure accurate caste-wise enumeration of OBS and DNT communities and to prevent recurrence of errors similar to those alleged to have occurred during the Socio-Economic and Caste Census, 2011;

c) direct the respondents to publish appropriate instructions and training materials to the enumerators regarding recording of OBC and DNT particulars.

2. It is the contention of the learned counsel for the petitioner that Serial No.12 of the impugned notification clearly indicates that census is conducted only with regard to SC/ST alone and other communities will be omitted in the census. Therefore, she prays to quash the entire notification.

3. As per the impugned notification, among other questions, the census officers shall ask the following question at Serial No.12 of the impugned notification which reads as follows:

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''12. Whether the head of the household belongs Scheduled Caste/Scheduled Tribe/Other.''

4. A reading of the question at Serial No.12 itself is self-speaking that the word 'Other' therein denotes other communities as well. The petitioner has misconstrued the said question as if the head of the household belongs to other communities will be omitted since because SC/ST community name alone is mentioned at Serial No.12, whereas, as stated supra, the word 'Other' finds place in Serial No.12 will include all other communities except SC/ST. Thus, we are of the view that the apprehension of the petitioner is without any basis. Learned Deputy Solicitor General also submitted that census started in other States. Hence, we do not find any merits in the writ petition.

5. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 19.06.2026 : Yes / No bala 4/6

To 1.The Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi - 110001.

2. Registrar General and Census Commissioner of India, Office of the Registrar General, Ministry of Home Affairs, Government of India, New Delhi - 110001.

3. The Director of Census Operations, Tamil Nadu, Chennai.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

19.06.2026 6/6