W.P.(MD)No.11931 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 30.04.2025 PRONOUNCED ON : 26.09.2025 CORAM: THE HONOURABLE MRS. JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.11931 of 2025 & W.M.P.(MD) No.8811 of 2025 S.V. Eswara Ragava ... Petitioner Vs. 1. The Tahsildar, Palaiyamkottai Taluk, Tirunelveli District. 2. The Zonal Deputy Tahsildar, Palaiyamkottai Taluk, Tirunelveli District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned rejection of the petitioner’s application bearing Application No. TN-5202407246449 dated 02.08.2024, passed by the second respondent, and _____________ Page No.1 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 quash the same, and consequently direct the second respondent to process the petitioner’s application for a community certificate afresh without insisting on the original community certificate of his father, and Issue the community certificate to the petitioner as ‘Vellan Chettiar’, by considering all other supporting documents submitted by the petitioner within a time frame. For Petitioner : A Mohan For Respondents : Mr Veera Kathiravan ***** O R D E R (Order of the Court was delivered by J.NISHA BANU, J.) Aggrieved against the online rejection of the application made by the petitioner herein, who seeks for the issuance of community certificate for pursuing higher studies for the upcoming academic year 2025-2026, the petitioner has filed the present writ petition. 2. According to the learned counsel for the petitioner, the petitioner’s family belongs to Hindu Vellan Chettiar Community which falls under the category of 'Backward Class (BC)'. He stated that the father of the petitioner was issued with one such certificate by the Zonal Deputy Tahsildar, Palayamkottai _____________ Page No.2 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 vide certificate No.594/85 dated 10.06.1985. The case of the petitioner is that the original community certificate of the petitioner's father got misplaced and therefore, only a photocopy of the same is available with the petitioner. While being so, the petitioner has applied for community certificate through the Tamil Nadu e-governance Agency (TNeGA) portal on 24.07.2024 bearing Application No.TN-5202407246449, enclosing all the necessary supporting documents including the photocopy of the petitioner's father's community certificate. 3. The learned counsel for the petitioner submitted that the second respondent has informed the father of the petitioner via SMS that the application seeking issuance of community certificate for the petitioner has been rejected. The main grievance of the petitioner is that the second respondent, without issuing any notice or providing an opportunity of personal hearing either to the petitioner nor his father, has mechanically rejected the online application by citing the reason of non-submission of the petitioner's father's original community certificate and also cited about the discrepancies found in the community certificate of the mother of the petitioner. 4. Further the learned counsel for the petitioner submitted that the father of the petitioner has performed love marriage, where the petitioner's mother _____________ Page No.3 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 belongs to Hindu Saiva Pillai community. At this juncture, the learned counsel for the petitioner drew the attention of this Court to G.O.Ms.No.8, Backward Classes, Most Backward Classes & Minorities Welfare (BCC) Department, dated 09.02.2021 which mandates that the child born out of inter-caste marriage can have his/her community registered under either of the community of his/her parents, based on a formal parental declaration. 5. Adding further, the learned counsel for the petitioner submitted that even though the petitioner has submitted sufficient and corroborative materials to establish the community of the petitioner, like the photocopy of his father's original community certificate; school certificate of the petitioner which reflects the community of the petitioner; and community certificate of the petitioner's father's brother Mr.Esakkiyappan and his son Master Paramesh and petitioner's father's sister Velammal, insisting on provision of original community certificate of the petitioner's father is arbitrary. Therefore, the learned counsel prayed for quashing the online rejection of the application made by the petitioner herein seeking issuance of community certificate and consequently seeks for a direction to the second respondent to process the petitioner’s application for a community certificate afresh without insisting on the original community certificate of his father, and to issue the community certificate to the petitioner as ‘Vellan Chettiar’, _____________ Page No.4 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 by considering all other supporting documents submitted by the petitioner within a time frame. 6. Heard the learned counsel for the petitioner and perused the materials placed before this Court. 7. In a similiar order passed by this Court, where I am one among the parties to the said order, in W.P.No.26186 of 2023, dated 12.09.2023, in which case, the petitioner therein has preferred an online application for issuance of community certificate which subsequently came to be rejected. The writ petition came to be allowed with certain observations and it is more relevant to extract the same as under:- “ 7. Before venturing on the merits of the case, we feel it appropriate to clarify the position on the procedure adopted by the respondents while considering the applications filed for issuance of community certificate both manual as well as online. In the Manual for verification of community certificate published by the Government, Clause 3.9 lays down the procedure for issuance of Scheduled Caste/Scheduled Tribe community certificate. For better appreciation of the case, the procedure under Clause 3.9 of the Manual on Scheduled Castes/ Scheduled Tribes Community Certificates-Issuance and Verification, is extracted as follows: 3.9. Procedure for Issuance of Scheduled Caste/Scheduled Tribe Certificates.- A. Traditional/Manual Method. - _____________ Page No.5 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 (1) The application for grant of social status certificate shall be made to the Tahsildars (in case of Scheduled Castes) and Revenue Divisional Officers/Sub-Collectors/Assistant Collectors/Personal Assistant (General) to Collector of Chennai (in case of Scheduled Tribes). (2) The authority competent to issue the community certificate, on receipt of the application, shall investigate the application in an open and transparent fashion, affording opportunity of hearing. (3) On receipt of the application from the candidate, the competent Revenue officer authorized for issuing Scheduled Caste and Scheduled Tribe Community Certificates shall himself visit the candidate's local place of residence and make enquiries with the candidates; his parent/guardian; blood relatives; local residents (tribes and non-tribes); such other person who have knowledge of the social status of the candidate, local revenue offers such as VAO, Ri; etc., in an open and transparent fashion. (4)On completion of due inquiry and proper verification of records/documents collected during the field enquiry, the above authority has the following three options for disposal of such applications:- i. The competent authority (RDO/Tahsildar) can issue the certificate applied for, if he is fully satisfied. ii. If it is found after due inquiry that the request is not feasible of compliance, the competent authority can reject it and issue a speaking order to the applicant and close the papers. iii. If the application is submitted with insufficient details or if it is found that additional details are required after inquiry, the authority can direct the applicant to renew the request with full details in a complete shape and close the papers. (5) In the cases, where the issuing authority is fully satisfied that the claim of the candidate or parent or guardian, as the case may be, that he belong to that community is correct, the above authority shall issue the permanent Community Certificate card to the candidate concerned. _____________ Page No.6 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 (6) The competent authority while issuing community certificate, should consider the Scheduled Tribe community issued in favour of the parents and close relatives of the applicants, subject to verification of the relationship and until the above Scrutiny Committee, the competent authority should accept the same and issue Scheduled Tribe Community Certificate to the applicants. 8. As far as the procedure for Online Method/ through web based services is concerned, the procedure is as follows: B. Online Method/through Web based services. (G.O. (Ms) No.524, Revenue (RA2(2) Department, dated 14.10.2010 and Tamil Nadu e-District Application Training Manual) (1) The application may be submitted online in the prescribed format. To begin with the citizen's identity details (Citizen Registration) are entered either directly in the prescribed format (online) or through the People's Computer Centres (kf;fs;fzpdpikak;) or Browsing Centres or any other source. (A People's Computer Centres operator can log in to the e- District Application using the User ID and Password). (2)On submission of the citizen's identity details, the citizen is provided with the Citizen Account Number (CAN) online consisting of 13 digits. This Citizen Account Number must be repeated by the citizen in future as it will save time in filling up data time and again. (3)The People's Computer Centre may collect nominal charges for the services rendered. (4)Once the online application is filled up and submitted along with the required documents being scanned and attached, it will be sent online to the Village Administrative Officer/Revenue Inspector (VAO/RI). An unique Application ID will be generated and acknowledgement will be issued to the applicant by the People's Computer Centres (kf;fs;fzpdpikak;) operator. (Each Village Administrative Officer/ Revenue Inspector (VAO/RI) will be provided with a User ID and Password). The hard copy of the application along with the required attachments will be handed over to the VAO by the _____________ Page No.7 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 People's Computer Centres (kf;fs;fzpdpikak;) staff and an acknowledgment will be collected from the VAO by the People's Computer Centres (kf;fs;fzpdpikak;) staff. (5)The VAO/RI will ascertain the genuineness of the request, as is done traditionally as to whether a certificate can be issued. (A print out may be taken found necessary). After the application is recommended/not recommended by the VAO, the application is forwarded to the RI to review the same (This is done online). On being recommended / not recommended by the RI, the application is forwarded to the Zonal Deputy Tahsildar (online). (6)The Zonal Deputy Tahsildar can see the details of the application and then will review the details entered by the VAO/RI. On being satisfied with the information, he will then issue the certificate with his digital signature being affixed on the certificate. He also reserves the right to reject the application in which case the rejection is also done digitally. (7)For other certificates the Zonal Deputy Tahsildar will mark the application Recommended/not recommended along with his comments and forward it to Revenue Divisional Officer. (8)Revenue Divisional Officer can view the details of the application and will go through the comments entered by VAO/RI/ZDT/Tahsildar in case of Community Certificate (ST) and on being satisfied with the information, he will approve the application and then issue the certificate with his digital signature being affixed on the certificate. He also reserves the right to reject the application in which case the rejection is also done digitally. (9)As the digital signature is unique to every officer, it does not require a manual signature and is valid by itself. (10)To receive a printed copy, the Applicant CSO Operator should log in to the e-District Application, type the CAN (Citizen Account Number) and retrieve the digitally signed document. This may then be printed out. This Certificate is legally valid (without any manual signature) due to the presence of the digital signature and has the same value as a manually signed certificate. (11)Those who wish to have manually signed certificates in addition to digitally signed certificate shall be provided the _____________ Page No.8 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 same by the authorities concerned on request. (12)At any point of time, the citizen may use his CAN (Citizen Account Number) to track the status of the request of his Certificate. (13)The mobile number of the Applicant (if filled up on the application) will enable a SMS alert indicating the status of the request. (14)Tahsildar can review the comment of VAO/RI instantly. He can approve/disapprove the application. For approved application digital signature will be used while issuing the certificate. (15)In case of negative remarks by RI/VAO the Tahsildar reserves the right of rejecting/approving the application. This is also performed digitally. (16)In case citizen does not request signed copy, digitally signed certificate is generated by the Tahsildar. (17)In the case of signed copy, citizen collects certificate from the Taluk Office. (18)In the case of digitally signed certificate, people's computer centre operator downloads the certificate and prints it. (19)Citizen provides acknowledgment for receiving the certificate. 9. From a reading of the two procedures, it is seen that in the procedure for Traditional/Manual method, while considering and disposing the application, three options are given to the authority. Option (1) The competent authority shall issue the certificate applied for, if satisfied. Option (2) If the authority finds that the request is not feasible, reject the same by issuing a speaking order. Option (3) If the application is filed with insufficient details, the authority can direct the applicant to renew the request with full details and in a complete shape. 10. In the procedure contemplated for the online method, it is seen that there is no provision for passing a speaking order and in case of insufficient details, to direct the applicant to renew the request with full details and in a complete shape. As the online /web-based services do not _____________ Page No.9 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 require a speaking order while rejecting the request for community certificate, the respondent reject the application in a mechanical manner without citing any reasons which in our view is violative of the principles of natural justice. In the absence of a speaking order, people are forced to approach this Court resulting in unnecessary litigations, expenditure and hassle. On a comparison of two methods, it is seen that persons applying online are deprived of an opportunity to renew the application with complete details and in full shape. The case on hand is a classic example of the discriminatory procedure adopted under online web service method. In the present case, no doubt three reasons are given for rejecting the application like non-production of community certificate of the petitioner's close relatives, family tree and the Tahsildar's remarks. In our view, the denial of natural justice is writ large, inasmuch, as the Tahsildar's report is not furnished to the petitioner. Further, failure of the respondent to give an opportunity to the petitioner to produce the community certificate of close relatives and the family tree before rejecting the application is unsustainable as it deprives the petitioner of an opportunity to produce the same before the authority which is otherwise available to persons applying manually. In our view, if the procedure contemplated in manual method is adopted even for online/ web service method, then litigations can be avoided. We have referred to the procedures contemplated under the two aforesaid methods to drive home the point that even while considering the applications online, the respondents should adopt the procedure given for disposal of applications under Manual Method, particularly, in the case of rejection of application, just to ensure that the applicants are not forced to spend their hard earned money on avoidable litigation. 11. It is seen that vide proceedings dated 11.09.2023, the Revenue Divisional Officer, Dharmapuri District, passed the following order: vdnt. tprhuiz kw;Wk; Mtz';fspd; mog;gilapy; kDjhuu; kw;Wk; mtuJ FLk;gj;jhu; ,e;J FUkd;!; gH';Foapdu; rhjpiar; rhu;e;jtu; vd bjupatUtjhy;. kDjhuupd; nfhupf;ifapid _____________ Page No.10 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 Vw;Wk;. kDjhuupd; cwtpdu;fspd; rhjpr;rhd;Wfs; khepy Tu;nehf;F FGtpdhy; bka;j;jd;ik bgw;Ws;sjd; mog;gilapYk;. kDjhuu; jpU/uh $nfhghy; j-bg/ eurpk;kd; kw;Wk; mtuJ gps;isfs; 1/bry;td;/Mu;/_ fhe;j;. 2/Mu;/etpd;Fkhu; MfpnahUf;F gH';Foapdu; FUkd;!; rhjpr;rhd;W tH';fp Mizaplg;gLfpwJ/ nkYk; kDjhuu; ,t;thizapd; efypid rku;gpj;J ,izatHpapy; kD bra;J gH';Foapdu; FUkd;!; rhjpr;rhd;W bgw;Wf;bfhs;s mwpt[Wj;jg;gLfpwJ/ 12. In view of the aforesaid order passed by the RDO, the Writ Petition is allowed with a direction to the petitioner to apply for online community certificate as ordered by the RDO in the aforesaid order. No costs. Consequently, connected miscellaneous petition is closed. 13. Before parting with this case, we are inclined to issue further directions to the impleaded respondents 2 and 3 to circulate this order to ensure that in future, online/web based application are not rejected mechanically and the procedure contemplated for traditional/ manual methods insofar as it relates to the options for disposal of application is adopted, particularly, in case of rejection of online/ web based applications.” 8. In view of the earlier orders passed by this Court, we are of the considered opinion that online application made by the petitioner seeking issuance of community certificate shall not stand rejected mechanically and the procedure contemplated for traditional/ manual methods insofar as it relates to the options for disposal of application is adopted, particularly, in case of rejection of online/ web based application is followed in the present case also. Therefore, in light of the order passed in W.P.No.26186 of 2023, the online rejection of the _____________ Page No.11 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 application made by the petitioner herein stands quashed. 9. Failure of the respondent to give an opportunity to produce the community certificate of close relatives before rejecting the application is unsustainable as it deprives the petitioner of an opportunity to produce the same before the Authority which is otherwise available to persons applying manually. (cited supra). Taking into consideration G.O.Ms.No.8, Backward Classes, Most Backward Classes & Minorities Welfare (BCC) Department, dated 09.02.2021, the respondents are directed to process the application of the petitioner seeking for issuance of community certificate afresh without insisting on the original community certificate of his father, and issue the community certificate to the petitioner, by considering all other supporting documents submitted by the petitioner within a period of six weeks from the date of receipt of a copy of this order. 10. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition stands closed. [J.N.B., J.] [S.S.Y., J.] 26.09.2025 _____________ Page No.12 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 Index : Yes / No sts To: 1. The Tahsildar, Palaiyamkottai Taluk, Tirunelveli District. 2. The Zonal Deputy Tahsildar, Palaiyamkottai Taluk, Tirunelveli District. _____________ Page No.13 of 14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11931 of 2025 J.NISHA BANU, J. and S.SRIMATHY, J. sts Pre-delivery of order made in W.P.(MD)No.11931 of 2025 Dated: 26.09.2025 _____________ Page No.14 of 14 https://www.mhc.tn.gov.in/judis