How Can Erode Malayalis Get 'ST' Status? Madras HC Asks State After Spotting Ineligible Certificates

Chennai- The Madras High Court has directed the Tamil Nadu government to clarify under what authority community certificates identifying persons as belonging to the 'Malayali' Scheduled Tribe (ST) are being issued to residents of Erode District, an area where the community is not officially recognized as a Scheduled Tribe.

A division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan issued the directive while hearing a batch of petitions, including W.P. No. 34912 of 2025, filed by individuals seeking directions to the authorities to issue them such ST certificates.

How the dispute arise?

The petitioners, all residents of Erode District, claim to belong to the 'Malayali' community. They argued that the State Government had, on March 17, recommended to the Government of India that the Malayali community in Erode District be included in the list of Scheduled Tribes for Tamil Nadu. They also submitted evidence showing that the Revenue Divisional Officer (RDO) in Erode had already issued numerous such ST community certificates to other individuals in the district.

However, the bench immediately identified a critical legal hurdle. The official list of Scheduled Tribes for Tamil Nadu, under Entry No. 25, includes the 'Malayali' community only for permanent residents of Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot, and Tiruchirappalli districts. Erode District is conspicuously absent from this list.

What did the court say?

The court remarked that the power to modify the list of Scheduled Tribes rests solely with the Parliament under Article 342 of the Constitution of India. A mere recommendation by the state government does not confer any legal right or authority to issue ST certificates for an excluded area.

In a significant observation, the bench stated, “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.”

This principle nullifies the petitioners' primary argument that the state's recommendation should be grounds for issuing the certificates.

The Mystery of Pre-Existing Certificates

The petitioners had annexed 14 examples of community certificates already issued by the Erode RDO to members of the Malayali community. The court found this development concerning and has now demanded a full explanation from the state.

The bench specifically ordered, “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... have been issued by the Revenue Divisional Officer, Erode District.”

This query puts the spotlight on the district administration's actions, questioning whether certificates were issued erroneously or under some misinterpretation of the law.

The case has been adjourned to October 23. The state government's response is eagerly awaited, as it will determine whether the issuance of these certificates was a procedural error or a deliberate act with significant legal and administrative implications. The outcome could affect the status of all such certificates issued in Erode District and impact the future of the petitioners' claims for ST benefits.