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2026 Supreme(Online)(Mad) 41738

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
Kayalvizhi – Appellant
Versus
Union Of India – Respondent
WP No. 14620 of 2026



Advocates:
For the Appellants/Petitioners: A.E.Ravichandran
For the Respondents: V.Vasanthakumar

A community certificate should be issued to a minor descendant of a local origin parent despite administrative objections regarding the migrant status of the other parent, subject to final adjudication by the Supreme Court.

Headnote:The petitioner filed a writ petition seeking a mandamus to direct the issuance of a community certificate for her son,, asserting his status as being of a particular origin, despite the respondents raising objections based on the migrant status of the petitioner's husband. The court previously addressed similar issues in earlier petitions, establishing a precedent that such applications should be considered on their own merits in accordance with law. The central issue is whether the minor child whose mother is from the local region can be denied a community certificate due to the father's origin from another state. The court reasoned that in view of the previous relief granted to the parties and the urgent need for the certificate to pursue higher education, further inquiry was not warranted, subject to the final outcome of pending proceedings before the Supreme Court. The court allowed the writ petition, directing the respondent to issue the community certificate while clarifying that it shall abide by the outcome of the proceedings pending before the Supreme Court.

Table of Content
1. assessment of the necessity of ongoing inquiries versus previous settled relief. (Para 4 , 4 , 5)
2. historical context and judicial precedence regarding community certificate eligibility. (Para 1 , 2 , 3)
3. directives for issuance of administrative certificates subject to pending superior court findings. (Para 6)

4. The Tahsildar, Department of Revenue and Disaster Management Taluk office, Oulgaret, Puducherry ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 4th respondent to issue Community Certificate to the petitioner’s elder minor son Dharshan, aged about 16 years based on her origin as requested in her application dated 18 .02. 2026 within a reasonable time as may be fixed by this Honourable court and pass For Petitioner : Mr. A.E.Ravichandran For Respondent(s): Mr.V.Vasanthakumar, Additional Government Pleader (Puducherry)

for R1 to R4

ORDER

(Order of the Court was made by G.R.Swaminathan J.)

The Petitioner seeks issuance of Community Certificate for her son Dharshan. The petitioner has been experiencing difficulty in this regard, because, the Department has taken the stand that since the petitioner’s husband hails from Tamil Nadu, the petitioner’s son cannot be recognised as belonging to Hindu Adhi Dravidar Origin.

2. The issue of Origin Vs. Migrant candidate has been pending for quite some time. When the Writ Petitioner filed W.P.No.5548 of 2025, We disposed of the said Writ Petition on 22.05.2025 in the following terms:

‘Heard both sides.

2. The Writ petitioner seeks issuance of community certificate to her minor son on the basis of her community certificate. 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….’

3. 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 the petitioner seeks community certificate to her son for prosecuting higher studies, there is an acute urgency in the matter. Hence, we direct the second respondent to grant personal hearing to the petitioner on 24.05.2025. The petitioner shall be present in the office of the second respondent at 10.00 a.m. on 24.05.2025 with all the relevant materials.

5. The second 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 second respondent/community certificate to be issued by the second respondent will be served on the petitioner on the same date. 6.This writ petition is disposed of with the above directions.

There shall be no order as to costs.’

3. Pursuant to the said direction, the petitioner’s son was issued with the community certificate on 27.05.2025. The petitioner’s son has since completed his 12th standard, he has to seek admission in Engineering College. The petitioner is therefore desperately in ne

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