IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
V. SHANMUGAVEL – Appellant
Versus
THE COMMISSIONER – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 15.12.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.P(MD) No.7161 of 2016 &
W.M.P.(MD)Nos.6062 & 6063 of 2016 &
W.M.P.(MD)No.17650 of 2017 V.Shanmugavel ... Petitioner Vs.
1.The Commissioner, O/o.The Most Backward and Denotified Class Welfare, Chepauk, Chennai.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Revenue Divisional Officer, Tirunelveli District, 4.The Zonal Deputy Tahsildar, Sankarankovil Taluk, Tirunelveli District. ... 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, pertaining to the impugned order in Na.Ka.A4/40458/2015 dated 19.03.2016, passed by the 2nd respondent and quash the same as null and void and thereby, directing the respondents, to issue permanent community certificate to this petitioners children, Alexandar and Umalakshmi, as they are belonging to Hindu Isai Vellalar within a period as fixed by this Court.
For Petitioner : Mr.F.X.Eugene For Respondents : Mr.M.Siddharthan Additional Public Prosecutor for R1 to R4
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.)
Heard both sides.
2. By the impugned order, the authority declined to issue community certificate in favour of the petitioner's children. It is relevant to note that the petitioner's community certificate itself had been cancelled. But the petitioner is yet to challenge the said cancellation order. When the primary order is still holding the field, it is not possible to grant any relief in this writ petition which can only be consequential in nature. We, therefore, close this writ petition with liberty to the writ petitioner to file a fresh writ petition on the same cause of action. The petitioner can mount a composite challenge by including the order that is adverse to him as well as the order assailed in this writ petition. We make it clear that we have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petitions are closed.
(G.R.S., J.) (R.K.M., J.)
15.12.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi/skm To
1.The Commissioner, O/o.The Most Backward and Denotified Class Welfare, Chepauk, Chennai.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Revenue Divisional Officer, Tirunelveli District, 4.The Zonal Deputy Tahsildar, Sankarankovil Taluk, G.R.SWAMINATHAN, J.
AND R.KALAIMATHI, J.
rmi/skm
15.12.2025
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