Kerala High Court
Amal Roy F vs The District Collector on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 15165 OF 2021
PETITIONERS:
1 AMAL ROY F.,
AGED 25 YEARS
S/O. FRANCIS, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM,
MANANTHAVADY TALUK, WAYANAD DISTRICT,PIN-670 544
2 ADITH ROY.F.
S/O. FRANCIS, AGED 23, F.R.VILLA, THALAPPUZHA P.O.,
KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT,
PIN-670 544
3 ANANYA ROY
D/O. FRANCIS, AGED 20, F.R.VILLA, THALAPPUZHA P.O.,
KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT,
PIN-670 544
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SANAL C.S
NITHEESH.M
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, KALPETTA , WAYANAD DISTRICT,
PIN-673 020
2 THE TAHSILDAR,
MANANTHAVADY TALUK, MANANTHAVADY, WAYANAD DISTRICT,
PIN-670 645
WP(C) NO. 15165 OF 2021
2
3 THE VILLAGE OFFICER,
THAVINHAL VILLAGE, THALAPPUZHA P.O.,
MANANTHAVADY TALUK, WAYANAD DISTRICT,
PIN-670 544
BY ADV
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 15165 OF 2021
3
P.V.KUNHIKRISHNAN, J.
========================
WP(C) NO. 15165 OF 2021
========================
Dated this the 14th day of September, 2021
JUDGMENT
The above writ petition is filed with the following
prayers:
"(a) Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
directing the 2nd respondent to issue Caste and
Non Creamy Layer Certificate (Latin Catholic) to
the 1st petitioner at the earliest so as to enable
him to produce the same before the Indira Gandhi
National Open University in connection with his
admission to the course of Post Graduate Diploma
in Mental Health.
(b) Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
directing the 2nd respondent to issue Caste and
Non Creamy Layer Certificate (Latin Catholic) to
the 2nd and 3rd petitioners as and when the same is
required for their appointment and admission
purposes.
(c) Pass such other orders as are deemed fit and
necessary in the interest of justice and for proper
and effective adjudication of the case."
2. When this writ petition came up for consideration
on 09.08.2021 this Court passed the following order:
"The grievance of the petitioners in the writ
petition concerns the alleged refusal on the part of the
second respondent in issuing Caste-cum-Non creamy
WP(C) NO. 15165 OF 2021
layer certificate to the petitioners.
2. The learned Government Pleader, on
instructions, submitted that only the first petitioner has
preferred an application for Caste-cum-Non Creamy
layer certificate. It was also submitted by the learned
Government Pleader that the application preferred by
the first petitioner for the said purpose has not yet been
disposed of for want of evidence to show that the father
of the petitioner belongs to Latin Catholic community.
It was further submitted by the learned Government
Pleader that if the first petitioner makes available
documents showing that his father belongs to Latin
Catholic community, there may not be any difficulty in
granting the Caste-cum-Non creamy layer certificate
sought by the first petitioner.
3. The learned counsel for the petitioners
submits that the first petitioner is prepared to make
available the documents before the second respondent
showing that his father belongs to Latin Catholic
Community.
4. In the circumstances, there will be an
interim order directing the first petitioner to produce
documents showing that his father belongs to Latin
Catholic community before the second respondent
along with a copy of this order, and directing the
second respondent to take a decision on the said
application preferred by the first petitioner for Caste
cum Non creamy layer certificate, forthwith.
List this matter on 13.08.2021. "
Today when the matter came up for consideration, the
counsel for the petitioner submitted that the 1 st petitioner
already obtained the certificate. The counsel submitted
that the 2nd and 3rd petitioner also will submit application
before the authority concerned for getting the certificate
WP(C) NO. 15165 OF 2021
and there may be a direction to consider the application in
accordance to law. The Government Pleader also submitted
that if any application is received from the 2 nd and 3rd
petitioner, the same will be considered in accordance to
law.
3. In the light of the above submissions this writ
petition can be disposed allowing the 2 nd and 3rd petitioners
to file application for getting the Caste Certificate with
supporting evidence if any and to consider those
applications by the authority concerned within a time
frame.
Therefore, this writ petition is disposed of in the
following manner:
(a) The 2nd and 3rd petitioners are allowed to file an
application to get Caste and Non-creamy Layer
Certificate (Latin Catholic) before the 2nd
respondent with supporting documents, if any,
within 10 days from the date of receipt of a copy of
this judgment.
WP(C) NO. 15165 OF 2021
(b) If such an application is received by the 2 nd
respondent, the 2nd respondent will consider the
same and pass appropriate orders in it in
accordance to law after giving an opportunity of
hearing to the petitioners 2 and 3 as expeditiously
as possible, at any rate within one month from the
date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
scs
WP(C) NO. 15165 OF 2021
APPENDIX OF WP(C) 15165/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CASTE CERTIFICATE
NO.5019729 DATED 3.1.2014 ISSUED BY THE
2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE CASTE AND CREAMY LAYER
CERTIFICATE NO.56592553 DATED 1.7.2021
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE INCOME CERTIFICATE
NO.56548537 DATED 30.6.20921 ISSUED BY
THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE TRANSFER CERTIFICATE
NO.T.C.NO.1402/2013-14 DATED 22.5.2014
ISSUED TO THE 1ST PETITIONER
Exhibit P5 TRUE COPY OF THE BAPTISM CERTIFICATE
DATED 12.7.2021 ISSUED TO THE
PETITIONERS FATHER FROM THE CHURCH
Exhibit P6 TRUE COPY OF THE RATION CARD CONSUMER
NO.2264011188
Exhibit P7 TRUE COPY OF PAGE NO.1 OF SSLC BOOK
(REG NO.79920) OF THE PETITIONERS
MOTHER
Exhibit P8 TRUE COPY OF THE PREFACE DATED
10.10.2018 OF THE HAND BOOK ISSUED BY
THE GOVERNMENT OF KERALA (RELEVANT
PAGES)
Exhibit P9 TRUE COPY OF THE OFFICE MEMORANDUM
NO.36033/1/2013-ESTT (RES) DATED
13.9.2018 ISSUED BY THE GOVERNMENT OF
INDIA
Exhibit P10 TRUE COPY OF THE GO(MS)
WP(C) NO. 15165 OF 2021
NO.03/2018/SCBTDD DATED 9.4.2018
Exhibit P11 TRUE COPY OF GO (P) NO.81/09/SSCSTDD
DATED 26.9.2009
EXHIBIT P12 TRUE COPY OF THE NOTICE NO.152/2021/TVL
DATED 23.07.2021 (SERVED BY AFFIXTURE
ON 30.07.2021) ISSUED BY THE 3RD
RESPONDENT VILLAGE OFFICER
EXHIBIT P13 TRUE COPY OF THE DEATH CERTIFICATE
DATED 31.07.2021 OF THE PETITIONERS'
GRANDFATHER ANTONY ISSUED BY ST.THOMAS
CHURCH, CHUNGAM
EXHIBIT P14 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 31.07.2021 OF THE PETITIONERS'
PARENTS ISSUED FROM ST.THOMAS CHURCH,
CHUNGAM, THALAPUZA
EXHIBIT P15 TRUE COPY OF THE COMMUNITY CERTIFICATE
DATED 12.7.2021 ISSUED BY ST.THOMAS
CHURCH, CHUNGAM, THALAPUZHA TO THE
PETITIONERS' FATHER FRANCIS
EXHIBIT P16 TRUE COPY OF THE CERTIFICATE DATED
31.7.2021 ISSUED BY THE PARISH PRIEST,
ST.THOMAS CHURCH, CHUNGAM
EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED
2.8.2021, IN REPLY TO EXHIBIT P12,
SUBMITTED BY THE PETITIONERS' FATHER
FRANCIS TO 3RD RESPONDENT VILLAGE
OFFICER.
EXHIBIT P18 TRUE COPY OF THE APPLICATION DATED
11.8.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P19 TRUE COPY OF THE RECEIPT DATED
11.8.2021 ISSUED BY THE 2ND RESPONDENT
