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2025 DAILYLAW 57872 (MAD)

LAKSHANA.S v. UNION OF INDIA

WP/17454/2025 · 2025-05-22

G R Swaminathan, V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.17454 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.05.2025 CORAM: THE HONOURABLE MR. JUSTICE G.R. SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.No.17454 of 2025 and W.M.P.Nos.19790 and 19791 of 2025 1.Lakshana.S 2.Guruprasad.S Petitioners vs. 1. Union of India Rep. by its Secretary to Government (Revenue) Government of Puducherry Chief Secretariat, Puducherry 2. The Tahsildar Taluk Office Puducherry 605 001 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to issue Community Certificate to the petitioners based on their mother's origin. For petitioners Mr. Stalin Abhimanyu For respondents Mr. V. Vasantha Kumar Addl. Govt. Pleader (Puducherry) - - - - - Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.17454 of 2025 ORDER (made by G.R. SWAMINATHAN, J.) Heard both sides. 2. The petitioners seek issuance of community certificate to them on the basis of their mother's community certificate. It is claimed that the petitioners as well as their parents are having their permanent abode at Pondicherry prior to the cut off date. The learned counsel for the petitioners 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....” Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.17454 of 2025 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 petitioners seek community certificate to them for entering into Government service, there is an acute urgency in the matter. Hence, we direct the second respondent to grant personal hearing to the petitioners on 24.05.2025. The petitioners 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 petitioners' 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 petitioners on the same date. Page Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.17454 of 2025 6. This writ petition is disposed of with the above directions. There shall be no order as to costs. W.M.P. No.19790 of 2025 filed seeking to file a single writ petition stands ordered. W.M.P. No.19791 of 2025 stands closed. (G.R.S.,J.) (V.L.N.,J.) 22.05.2025 cad Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.17454 of 2025 To 1. The Secretary to Government (Revenue) Union of India Government of Puducherry Chief Secretariat, Puducherry 2. The Tahsildar Taluk Office Puducherry 605 001 Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.17454 of 2025 G.R. SWAMINATHAN, J. and V. LAKSHMINARAYANAN, J. cad W.P.No.17454 of 2025 22.05.2025 Page Nos.6/6 https://www.mhc.tn.gov.in/judis