IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.09.2023 CORAM THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mr.JUSTICE.V.LAKSHMINARAYANAN W.P.No.9586 of 2014 S.Sumathy ..Petitioner Vs

1.Union of India Represented by Secretary Revenue, Government of Puducherry, Puducherry.

2.The Tahsildar, Karaikal District, Puducherry State. ...Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records connected with the proceedings of the 2nd respondent, Tahsildar Karaikal in proceedings No.1460/B2/TLK/KKL/2013 dated 08.05.2013 in not granting scheduled caste (origin) certificate and quash the same and to direct the respondents to issue scheduled caste (origin) certificate to the petitioner's son Bharath Rajan.

For Petitioner : Mr.H.Manojin For Respondents : Mr.J.Kumaran Additional Government Pleader (Pondy)

O R D E R (Order of the Court was made by V.LAKSHMINARAYANAN,J)

This writ petition has been filed to call for the entire records and to quash the proceedings of the 2nd respondent, Tahsildar Karaikal in proceedings No.1460/B2/TLK/KKL/2013 dated 08.05.2013, for not granting scheduled caste (origin) certificate to the petitioner's son Bharath Rajan and consequently, direct him to issue the same.

2. The case of the petitioner is that the petitioner belongs to Hindu Adidravida (Parayar) Community. The petitioner's husband is from Tamilnadu and he also belongs to the very same Hindu Adidravida (Parayar) Community.

3. It is pertinent to point out that, as per the presidential notification issued for Tamilnadu as well as Puducherry, the said community comes within the scope of Scheduled Caste community.

4. The very issue that has been raised before us, was considered by the learned Single Judge of this Court in the case of P.Jeya. vs. Union of India(UOI) reported in AIR2005Mad116, in which, the learned Judge held in Para 32 and 36 as follows:

" 32. Assessing all the above factors and to put them in a nutshell, relating to the question of issuance of the Scheduled Caste Certificate in favour of the children of the parents of the origin of Pondicherry State on the date of the notification of the Presidential Order, migrants from other States on the date of the said notification means whether both the parents, on the date of the said notification should have been born and continue to reside in Pondicherry, as it is advocated on the part of the respondents here or in the case of any one of the parents whose origin is from outside the Pondicherry limits, whether the claim of Scheduled Caste Certificate should be rejected in toto and whether such rejection is reasonable within the meaning of Articles 14 and 15 of the Constitution of India, or whether either father or mother of the same Adi Dravida community hails from outside the territorial limits of Pondicherry and by virtue of marriage with the other spouse comes and lives at Pondicherry and gives birth to children and in such event by virtue of the other spouse being an origin of Union Territory of Pondicherry whether the children born to them in spite of having been born to parents of Adi Dravida community should forego their right to get a Scheduled Caste Certificate just for the simple reason that it is the origin of the father that would only be taken as a criteria and not the mother as per the impugned memorandum and in such event, such criteria fixed by the Government interpreting the G.O. and superseding the earlier memorandum issued dated 3.8.1995 which insisted that if either of the parents has the origin at Pondicherry, it is sufficient for their children to get a Scheduled Caste Certificate is within the parameters of the law and the constitutional rights guaranteed under the relevant Articles 14 and 15 of the Constitution of India, and therefore, it is necessary to have a little discussion on these Articles.

36. In result, (i) for all the above discussions held, the above writ petiti