Dr.K.Kannan, learned Senior Panel Counsel for the Central Government, is requested to forward a copy of this order to the Ministry of Tribal Affairs. 11. Registry is directed to print the name of Dr.K.Kannan, as counsel for the Ministry of Tribal Affairs. 12. List these petitions on 10.03.2026. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 06.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2026
CORAM
THE HON’BLE MR.MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HON’BLE 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, for R-1 and R-2
Dr.K.Kannan, SPC, for newly impleaded R-3 in WP No.34912 of 2025
and batch cases
COMMON ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
On the last date of hearing, we directed the petitioners as well as respondents to file additional affidavit.
1.1. The petitioners were granted time to file additional
affidavit clearly stating whether Bargur Hills was included in Salem District at the time of issuance of the Presidential Notification in 1950.
1.2. We also directed the State to file additional affidavit
along with relevant documents, with regard to the areas included in Salem District on the date of issuance of the Presidential notification and other details with regard to the creation of Erode District.
2. The petitioner has come out with a statement that prior to 1927, ten villages, including Bargur Hills, formed part of
Gobichettipalayam, which was part of Division of Bhavani Taluk, in Coimbatore District. But later on, in 1927, except Bargur Hill area, all other areas of Gobichettipalayam Division of Bhavani Taluk, together with some villages in Salem, were formed into Mettur area of Bhavani Taluk. In 1929, Mettur area, under administrative re-organization, was included in Salem District. In all the above villages, including Bargur Hill area, Malayali (ST) Community people were residing. According to the petitioner, the Malayali (ST) community found wherever in the State, particularly in the neighbouring districts adjacent to Bargur Hills, are those who have descended only from Bargur Hills and therefore, irrespective of their migration to different parts of the State, whether it be in the Salem District or in Erode District, because of identity of their origin as aboriginal tribe, are entitled to the same treatment as other members of their tribe who have also descended from Bargur hills but incidentally, started residing in reorganised Bhavani Taluk, which later on became part of Salem District.
3. Learned State Counsel referring to the additional affidavit filed along with various documents, has supported the case of the petitioners by submitting that though earlier, recommendation made by the State Government was turned down by the Central Government, the State has reiterated its recommendation vide letter dated 17.03.2025.
4. The affidavit filed by the Secretary, Adi Dravidar and Tribal Welfare Department, states that the list of Scheduled Tribes in the State of Tamil Nadu was originally notified under “The Constitution (Scheduled Tribes) Order, 1950”. Any inclusion or removal thereafter was carried out only through subsequent amendments. It is further stated in the affidavit that the “The Constitution (Scheduled Tribes) Order, 1950”, Part-V in schedule deals with the Scheduled Tribes of
Madras, in which 40 ST communities were notified and the Malayali Community was not included therein. Subsequently, the Malayali
Community came to be notified as Entry 3 in Part VII – Madras under
Schedule III of “The Scheduled Castes and Scheduled Tribes List (Modification), Order, 1956” with area restriction only to the Districts of North Arcot, Salem and Thiruchirapally. Further, the notified area for Malayali tribe was extended in the subsequent amendment, and that under Entry 25 in Part XIV, Tamil Nadu Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, came into force on
20.09.1976, with area restrictions, i.e. including only the districts of
Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot and
Thiruchirapalli.
5. In the affidavit it has been further stated that Bargur Hill area originally formed part of Bhavani Taluk in the then Coimbatore District and that Erode District was carved out of the erstwhile Coimbatore
District vide government order of the Revenue Department dated 31.08.1979 and the said reorganisation included the Bargur Hill area situated within Bhavani Taluk. Pursuant to subsequent administrative restructuring in 2012, the Bargur hills area now falls within the jurisdiction of Anthiyur Taluk in Erode District.
5.1. Further averments in the affidavit are that at the time
of notification of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Malayali (ST) community was notified only in the districts of Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot and Thiruchirappali. The present day Bargur Hills was then part of Bhavani Taluk in Coimbatore District, and Coimbatore District was not a notified area for the Malayali (ST) Community.
5.2. Based on representations, research studies and
documentary evidences indicating the presence of Malayali (ST) Community people in Sathyamangalam Taluk in Kadambur Malai and Bargur Hills, Anthiyur Taluk of the present Erode District and the need for their inclusion in the Scheduled Tribes list, the State Government has sent a proposal to the Government of India, supporting the necessity of inclusion of Malayali (ST) in Sathyamangalam and Bargur hills of the present Erode District.
6. It however appears that the Government of India did not accept the proposal communicated through memo dated 08.09.2023. Thereafter, the recommendation has been reiterated vide letters dated 07.10.2024 and 17.03.2025.
7. After considering the submissions of learned counsel for the parties, and the affidavits which have been filed, what appears to this Court is that the Malayali (ST) Community were spread over the hills of Bargur, which earlier formed part of the Bhavani Taluk. However, later on, the Bargur hills were not included and were excluded from Bhavani Taluk. The result was that while including the villages of Bhavani Taluk in the Salem District, Bargur hills were not included in the Salem District. Later on, Bargur hills were administratively reorganised to become part of Coimbatore District and then, upon further reorganisation of District, as part of Erode District.
8. Therefore, there is abundance of material before us which shows that the Malayali (ST) Community were the inhabitants of the hills, which included Bargur Hills. But later on, upon their descendance from the hills, they migrated to different parts, some of which was included in Coimbatore District and some of which was included in the Salem District. At the time of issuance of Presidential Notification in the year 1950, Salem District was included with area restrictions, as far as Malayali (ST) Community is concerned. It underwent further amendment also later on, but Erode District has not been included. Even if we accept the submissions of learned counsel for the petitioner as well as State Government, in view of series of decisions of the Hon’ble Supreme Court and this Court, we cannot issue a mandamus for any inclusion or exclusion. However, this order may be placed before the Central Government while taking a decision on the recommendations which have been made now by the State Government vide its memo dated 07.10.2024 and 17.03.2025.
9. We suo motu implead the Secretary, Ministry of Tribal Affairs
(Government of India) located at Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi-110001, as third respondent in WP No.34912 of
2025.
10. Dr.K.Kannan, learned Senior Panel Counsel for the Central
Government, is requested to forward a copy of this order to the
Ministry of Tribal Affairs.
11. Registry is directed to print the name of Dr.K.Kannan, as counsel for the Ministry of Tribal Affairs.
12. List these petitions on 10.03.2026.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.)
06.01.2026
TAR
To
The Secretary
Ministry of Tribal Affairs (Government of India)
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi-110001