Certificate case HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.Nos.34912, 34922, 34925, 34927

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2025
CORAM
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.Nos.34912, 34922, 34925, 34927, 34932, 34933, 34934, 34935,
34937 and 34938 of 2025 W.P.No.34912 of 2025:
P.Deepa
D/o.Palanisamy,
No.748, Kurumbapalayam Medu, Bargur Village, Anthiyur Taluk, Erode District.
Petitioner
Vs
The Collector
Erode District,
Erode and another
Respondents For Petitioner:
Mr.S.Doraisamy
For Respondents:
Mr.A.Edwin Prabakar
State Government Pleader
and batch cases
COMMON ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
Petitioners have filed these petitions seeking issuance of a direction to respondents to issue community certificates on the claim that the petitioners belong to Malayali community and, on 17.3.2025, the State Government has made a recommendation to the Government of India for inclusion of Malayali community residing in Erode District also in the List of Scheduled Tribes in Tamil Nadu.
2. It is also brought to the notice of this court that large number of community certificates in favour of persons belonging to Malayali community and residing in Erode District are being issued
by the Revenue Divisional Officer, Erode.
3. Upon perusal of the list of Scheduled Tribes in relation to the State of Tamil Nadu, we find that Malayali community has been included in the said list at Entry 25 and it is confined to the persons belonging to Malayali community who are permanent residents of Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot and Tiruchirappalli Districts. This does not include Erode District.
4. It is trite law that inclusion or exclusion in the list of Scheduled Tribes in relation to any State could be done only by way of parliamentary enactment under Article 342 of the Constitution of India. The recommendation made by the State Government, by
itself, without such legislative exercise, could not be made a basis
to seek issuance of community certificates.
5. We find that the petitioners are claiming the benefit on the basis that large number of such community certificates are being issued to persons belonging to Malayali community, who are
permanent residents of Erode District. By way of illustration, 14 community certificates issued by the authorities from time to time
have been annexed.
6. The State Government is granted four weeks time to file reply. It will clearly state under what circumstances those community certificates annexed to the petition and referred to herein above have been issued by the Revenue Divisional Officer, Erode District.
List these matters on 23.10.2025.
(MANINDRA MOHAN SHRIVASTAVA,CJ) (G.ARUL MURUGAN,J)
16.09.2025
sasi
To
1.The Collector
Erode District, Erode.
2.The Revenue Divisional Officer
Gopichettipalayam,
Erode District