By Mohamed Imranullah S

Copyright thehindu

The Madras High Court has directed the Tamil Nadu government to explain how members of the Malayali community in Erode district were issued Scheduled Tribe (ST) certificates, despite them not being eligible for such a benefit.

First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan has granted the government four weeks’ time to submit the explanation and directed State Government Pleader Edwin Prabakar to ensure that it is filed on or before October 23.

The orders were passed on a batch of 10 writ petitions filed by those aggrieved against the rejection of their online application for ST certificates. The petitioners had annexed as many as 14 ST certificates issued to other permanent residents of Erode district.

Representing one of the petitioners, advocate S. Doraisamy told the court the State government had made a recommendation to the Centre on March 17, 2025, for the inclusion of the Malayali community residing in Erode district under the Scheduled Tribe list pertaining to Tamil Nadu.

However, observing that a mere recommendation could not become the basis for the issuance of ST certificates, the Chief Justice’s bench said, as of now, the people of the Malayali community residing in Dharmapuri, North Arcot, Pudukkottai, Salem, South Arcot, and Tiruchi districts alone were entitled to such certificates.

Any change in the ST list pertaining to Tamil Nadu could be done only by way of a Presidential order under Article 342(1) and a parliamentary enactment under Article 342(2) of the Constitution. No such exercise had been carried out so far with respect to the Malayalis residing in Erode district, the judges said.

“We find that the present petitioners are claiming the benefit on the basis that a large number of such community certificates are being issued to persons belonging to the 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,” their order read.

It went on to state: “The State government is granted four weeks’ time to file a reply. It shall 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.”