Disposed¶45

Ayyappan.K v. The District Collector

Madras HC3 Feb 2026WP(MD)/6701/2023

Case brief

AI extract

What is this about?

Community certificate; Hindu Kattunayakkan Scheduled Tribe claim; Thottiyanayakkar / Thootiyanayakkar MBC certificate surrender; mandamus under Article 226; Revenue Divisional Officer Aruppukottai; Virudhunagar District; Tahsildar Thiruchuli; enquiry and speaking order on merits; twelve-week direction; petitioner to be heard; followed V.Kannan W.P.(MD)No.2845 of 2017 (order dt.21.02.2017); disposed of, no costs.

What did the court decide?

Writ petition disposed of with a direction to the second respondent / RDO, Aruppukottai to look into the application, hear the petitioner in the enquiry, and pass a speaking order on merits within twelve weeks; no costs awarded. ¶45

Ayyappan.K Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the second respondent (Revenue Divisional Officer, Aruppukottai) should act on the petitioner's representation dated 30.06.2022 and issue Hindu ST-Kattunayakkan (Scheduled Tribe) community certificates to the petitioner's children in place of their existing Thottiyanayakkar (MBC) certificates, i.e., a fresh certificate declaring Kattunayakkan community status.

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Court's answer

Adopting the same approach as the Hon'ble Division Bench in V.Kannan (W.P.(MD)No.2845 of 2017, order dated 21.02.2017), this Court directed the second respondent / Revenue Divisional Officer, Aruppukottai, Virudhunagar District to look into the writ petitioner's application and pass a speaking order on merits within twelve weeks from the date of receipt of a copy of the order.

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Ratio / Principle

The writ petitioner must be heard in the enquiry conducted by the second respondent and given an opportunity to place his case before orders are passed.

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Detailed headnote1 paragraphs

W.P.(MD)No.6701 of 2023 (Madras HC, Madurai Bench, dec. 03.02.2026, G.R.Swaminathan J. & R.Kalaimathi J.; order delivered by G.R.Swaminathan J.). Petitioner K.Ayyappan, claiming Hindu Kattunayakkan (Scheduled Tribe) status though holding a Thottiyanayakkar (MBC) certificate, sought a mandamus under Article 226 directing the RDO, Aruppukottai to issue Hindu ST-Kattunayakkan community certificates to his four children (Sakthi, Sunitha, Suveetha, Sushi) on surrender of their MBC Thootiyanayakkar certificates, pursuant to his representation dated 30.06.2022. Drawing on the Division Bench order dated 21.02.2017 in V.Kannan v. District Collector, Thoothukudi (W.P.(MD)No.2845 of 2017), which had directed an enquiry without expressing any opinion on merits, this Court adopted the same approach: it disposed of the petition, directing the RDO to look into the application, hear the petitioner in the enquiry with opportunity to place his case, and pass a speaking order on merits within twelve weeks of receipt of a copy of the order. No costs.

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1 W.P.(MD)NO.6701 OF 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MRS.JUSTICE R.KALAIMATHI

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W.P.(MD)No.6701 of 2023

K.Ayyappan

... Petitioner

Vs.

The District Collector, Virudhunagar District, Virudhunagar.

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The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

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The Tahsildar, Thiruchuli Taluk, Virudhunagar District. ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to issue Hindu ST-Kattunayakkan community certificate to the petitioner's children namely (1) Sakthi, (2) Sunitha, (3) Suveetha and (4) Sushi on surrendering their MBC Thootiyanayakkar community certificate Nos.D7FD6A8C6A687C86 dated 23.05.2016; C9FD6A8C6A687C86 dated 23.05.2015; 997D678C6A687E86 dated 24.03.2018 and BEFD6A8C6A687C86 dated 23.05.2016 respectively, based on the petitioner's

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https://www.mhc.tn.gov.in/judis

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2 W.P.(MD)NO.6701 OF 2023

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representation dated 30.06.2022 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.S.Shaji Bino, Special Government Pleader. * * *

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O R D E R

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Heard both sides.

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The petitioner claims that he belongs to Hindu

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Kattunayakkan community which is a Scheduled Tribe. However, he was issued what is known as Thottiyanayakkar community certificate. The petitioner wants issuance of fresh certificate declaring him as belonging to Kattunayakkan community.

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Our attention is drawn to the order dated 21.02.2017 in W.P.

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(MD)No.2845 of 2017 (V.Kannan Vs. The District Collector,

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Thoothukudi District, Thoothukudi) . The Hon'ble Division Bench had passed the following order:-

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“This Writ Petition has been filed seeking to

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https://www.mhc.tn.gov.in/judis

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3 W.P.(MD)NO.6701 OF 2023

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issue a Writ of Mandamus directing the second respondent herein to consider the petitioner's representation dated 07.09.2016 and issue Hindu Kattunayakkan Community Certificate to him, on surrendering his Thottinayakkar Community Certificate, dated 22.09.2011 in Certificate No. 4116790 within a time frame.

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The case of the petitioner is that he belongs to Hindu Kattunayakkan Community, which is recognized as a Scheduled Tribe Community. Now, he is undergoing M.B.A., Degree. His parents, who are illiterate, applied for issuance of community certificate, certifying that he belongs to Hindu Kattunayakkan Community. However, the respondents, without conducting proper enquiry, issued a community certificate, certifying that the petitioner belongs to Hindu Thottinayakkar Community, which comes under the Most Backward Class. Therefore, the petitioner made a representation on 07.09.2016 before the second respondent to permit him to surrender Hindu Thottinayakkar Community Certificate issued by the third respondent on 22.09.2011 and with a request to issue a fresh community certificate, recognizing him as Hindu Kattunayakkan Community, taking into account the community

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https://www.mhc.tn.gov.in/judis

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4 W.P.(MD)NO.6701 OF 2023

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certificates already issued to his close relatives, namely, one Gandhi and Krishnan during the year 1990 and 1992. Since no action has been taken, the petitioner has come forward with the present Writ Petition, for the relief stated earlier.

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Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, the petitioner is directed to submit a copy of the representation dated 07.09.2016, along with a copy of this order to the second respondent and on receipt of the same, the second respondent is directed to conduct an enquiry, provide an opportunity to the petitioner to submit documents, if any, in support of his claim and thereafter, pass appropriate orders, on merits and in accordance with law, within a period of eight weeks thereafter. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is for the second respondent to decide the issue purely on merits.

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The Writ Petition is disposed of on the above terms. No costs.”

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This Court also has to adopt the very same approach. We

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https://www.mhc.tn.gov.in/judis

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5 W.P.(MD)NO.6701 OF 2023

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direct the second respondent / Revenue Divisional Officer, Aruppukottai, Virudhunagar District to look into the writ petitioner's application and pass a speaking order on merits within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to mention that the writ petitioner has to be heard in the enquiry and given an opportunity to place his case. This writ petition stands disposed of accordingly. No costs.

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(G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.)

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3^rd February 2026

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NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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To:

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