Petitioner filed a writ petition seeking direction to include the caste Gudugudupukarar in the Tamil Nadu Scheduled Tribes list or treat them as synonymous with Kanikkars. The High Court held that the Court cannot alter the Presidential order and remitted the issue to the National Commission for Scheduled Tribes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.4696 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.4696 of 2024
R.Rajamani Petitioner
vs
1.Union of India,
rep. by its Secretary to Government, Ministry of Tribal Affairs,
Dr. Rajendra Prasad Road, Shastri Bhawan, New Delhi-110 110.
2.The State of Tamil Nadu, rep. by the Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St. George, Chennai-600 009.
3.The Director, Directorate of Tribal Welfare, 1st Floor, Ezhilagam Annex, Chepauk, Chennai-600 005.
Page 1 of 7
W.P.No.4696 of 2024
7.K.Prasanth, Assistant Professor, Department of Anthropology, University of Madras, Chepauk, Chennai-600 005.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider the process of inclusion of the Caste “GUDUGUDUPUKARAR” in the List of Scheduled Tribes for the State of Tamil Nadu as per Article 342 of the Constitution of India in the list of Scheduled Tribes of Tamil Nadu expeditiously and in the alternate direct the respondents to treat the Gudugudupukarar in Synonym to Hindu Kanikkars in Sl.No.7 of the List of Scheduled Tribes in the State of Tamil Nadu on par with some of the Gudugudupukarar children of Ramanathapuram, Vellore and Kanchipuram Districts by considering the petitioners' representation dated 29.11.2023.
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W.P.No.4696 of 2024
| For the Petitioner | : Ms.Karthikaa Ashok |
|---|---|
| For the Respondents | : Mr.S.N.Parthasarathy Senior Panel Counsel for respondent No.1 |
| : Mr.A.Edwin Prabakar State Government Pleader for respondents 2 to 6 |
|
| : R7 – Not Ready in Notice |
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Ms.Karthikaa Ashok, learned counsel for the petitioner; Mr.S.N.Parthasarathy, learned Senior Panel Counsel for the first respondent; and, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 2 to 6.
the first respondent to consider the process of inclusion of the caste “Gudugudupukarar” in the List of Scheduled Tribes for the State of Tamil Nadu as per Article 342 of the Constitution of India in the list of
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W.P.No.4696 of 2024
Scheduled Tribes of Tamil Nadu expeditiously and in the alternate direct the respondents to treat the Gudugudupukarar in synonym to Hindu Kanikkars in Sl.No.7 of the List of Scheduled Tribes in the State of Tamil Nadu on par with some of the Gudugudupukarar children of Ramanathapuram, Vellore and Kanchipuram Districts.
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W.P.No.4696 of 2024
(S.V.G., CJ.) (D.B.C., J.) 13.03.2024 Index : Yes/No Neutral Citation : Yes/No bbr
To
2.The Secretary to Government, State of Tamil Nadu, Adi-Dravidar and Tribal Welfare Department, Fort St. George, Chennai-600 009.
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W.P.No.4696 of 2024
___________ Page 6 of 7_
W.P.No.4696 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.4696 of 2024
13.03.2024
___________ Page 7 of 7_
3 issues framed by the court
Whether the High Court can direct the first respondent to include the caste Gudugudupukarar in the List of Scheduled Tribes under Article 342 of the Constitution of India.
Whether the Court can direct respondents to treat Gudugudupukarar as synonymous with Hindu Kanikkars in the List of Scheduled Tribes for Tamil Nadu.
Whether it is within the Court's purview to direct inclusion of a caste in the National List of Scheduled Tribes.
R. Rajamani
Union of India, rep. by its Secretary to Government, Ministry of Tribal Affairs
The State of Tamil Nadu, rep. by the Secretary to Government, Adi-Dravidar and Tribal Welfare Department
The Director, Directorate of Tribal Welfare
The District Adi-Dravidar and Tribal Welfare Officer
The District Collector
Sanjay V. Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
