IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.Nos.23961 of 2024 & 41630 of 2025 Thamizharasan M. ... Petitioner Vs.

1.The Union of India, Represented by the Secretary to Government, Department of Revenue and Disaster Management, Government of Puducherry, Puducherry.

2.The Sub-Collector (Revenue) South, Office of the Sub-Collector (Revenue) South, Puducherry.

3.The Tahsildar, Taluk Office, Villianur, Puducherry.

4.Controller of Examinations, Department of Personnel and Administrative Reforms, (Personnel Wing)

Government of Puducherry, Puducherry.

5.The Officer on Special Duty, Police Department, Government of Puducherry, Puducherry. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the respondents relating to the order dated 09.07.2024 bearing Ref.No.3559/TOV/A3/Certificates/2024 passed by the 3^rd respondent and the order dated 22.07.2024 bearing Ref.No.3628/SCRS/B7/Cert-Appeal/ 2024/1454 passed by the 2^nd respondent and quash the same and consequently, to direct the 2^nd and 3^rd respondents to issue residence certificate to the petitioner.

For Petitioner : Mr.T.Sai Krishnan For R1 to R5 : Mr.R.Sreedhar Additional Government Pleader (Pondy)

O R D E R

Challenging the order of the Tahsildar/3^rd respondent, dated

09.07.2024, rejecting the request of the petitioner for issuance of residence certificate and the order of the Appellate Authority/2^nd respondent, dated 22.07.2024, confirming the order of the 3^rd respondent, the present writ petition has been filed.

2.The case of the petitioner is that he is a native of Union Territory of Puducherry by birth. His father and grandfather are also natives of Puducherry. The 5^th respondent issued a recruitment notification, dated 27.10.2023, inviting applications for filling up 420 posts of Home Guard (Male) from the residents of Union Territory of Puducherry. The essential qualification is 10^th Std. and the applicant should be a domicile of Union Territory of Puducherry. According to the petitioner, he is qualified for the post of Home Guard and therefore, he applied for the said post and he had also undergone three stages of selection and he was provisionally selected to the post of Home Guard (Male) vide notification issued by the 4^th respondent dated 01.07.2024. In such circumstances, when the petitioner approached the 3^rd respondent seeking issuance of residence certificate, the 3^rd respondent strangely passed the impugned order, dated 09.07.2024, refusing to issue residence certificate on the ground that the father of the petitioner is having an EPIC Card, Ration Card, claiming residential status both in Puducherry and Tamil Nadu. Aggrieved over the same, an appeal was also filed by the petitioner before the Sub-Collector/2nd respondent, however, the 2^nd respondent, by impugned order dated 22.07.2024, confirmed the order of the 3^rd respondent. Challenging both the orders, the present writ petition has been filed.

3.The impugned orders are sought to be quashed on the ground that the petitioner was born on 24.04.1998 at Union Territory of Puducherry and his birth was duly registered with the Registrar of Births and Deaths, Puducherry Municipality vide Certificate bearing Registration No.M/1998/4544. The Birth Certificate also clearly shows the address of the parents of the petitioner at Puducherry. That apart, the petitioner has completed his entire schooling and college education only at Puducherry. In fact, the 3^rd respondent has issued a certificate on 28.11.2013 stating that the petitioner is residing in Puducherry for the past 10 years and again on 23.10.2020, the 3^rd respondent has issued residence certificate stating that the petitioner is residing in Puducherry for the last five years. Further, on 20.01.1995 and 04.04.2006, the 3^rd respondent has issued Nativity Certificate to the petiti