Vineeth S.S vs 1. State Of Kerala
2023 Latest Caselaw 8811 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                         WP(C) NO. 6868 OF 2023
PETITIONER:

          VINEETH S.S
          AGED 31 YEARS
          S/O SUDHAKARAN. T, ARYANCODE, KEEZHAROOR,
          THIRUVANANTHAPURAM, PIN - 695125
          BY ADVS.
          ACHUTH KYLAS
          SREEDEVI KYLASANATH
          R.MAHESH MENON


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
          PIN - 695035
    2     THAHASILDAR
          KATTAKADA, THIRUVANANTHAPURAM, PIN - 695572
    3     VILLAGE OFFICER
          KEEZHAROOR VILLAGE OFFICE, THIRUVANANTHAPURAM,
          PIN - 695125


          BY ADV.
          SRI.B.S SYAMANTAK, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6868 OF 2023


                                     2




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
            W.P.(C) No.6868 of 2023
   ----------------------------------------------
   Dated this the 14th day of August, 2023


                         JUDGMENT

The above writ petition is filed with the

following prayers:

"1. To issue a writ of mandamus or any other writ or order directing the 2 nd respondents to consider and pass appropriate orders on Ext P-6 representation within a time frame as fixed by this Hon'ble Court and after affording an opportunity of hearing the petitioner;

2. To issue a writ of certiorari or such other writ order or direction to call for records pertaining to Ext. P-7 communication and quash the same;

3. To issue an order or direction to dispense the petitioners from filing the WP(C) NO.6868 OF 2023

translation of documents in vernacular language produced along with the above numbered writ petition;

4. To issue any other order as is deemed fit by this Honourable Court in the interest of justice."[SIC]

2. According to the petitioner, he and his

father are believers and followers of Hindu religion

and falls under Hindu Nadar community and the

petitioner's mother is a Christian. Petitioner

married a Christian girl with the consent and

blessings of both parents, is the submission. It is

also the case of the petitioner that the wedding

ceremony between the petitioner and his wife was

conducted in a Christian church and by following

Christian rituals because her parents insisted to

do so. Neither the petitioner nor his wife changed

their respective religions before or after marriage, WP(C) NO.6868 OF 2023

is the submission. Petitioner had submitted an

application for issuing a non-creamy layer

certificate before the 3rd respondent for

educational purpose and by accepting the same

the 3rd respondent issued a non-creamy layer

certificate on 07.04.2016. Thereafter, the

petitioner submitted another application for non-

creamy layer certificate before the 3 rd respondent

and the 3rd respondent again issued a non-creamy

layer certificate No.1032/22 dated 09.03.2022

stating that the petitioner belongs to Hindu-

Nadar community and falls under non-creamy

layer. After issuing Ext.P-5 non-creamy layer

certificate, the 3rd respondent submitted a report

to the 2nd respondent for revoking Ext.P-5 Non-

creamy layer certificate stating the reason that

the petitioner's parents follows Christian -Nadar WP(C) NO.6868 OF 2023

way of life so the petitioner should also be

considered as Christian-Nadar community and the

petitioner married to a Christian women by

following Christian rituals. The 3 rd respondent

submitted that report to 2nd respondent after

getting complaints received through phone calls

and WhatsApp chats, is the submission.

Subsequently, the petitioner submitted a detailed

representation dated 06.04.2022 with copy of the

documents including his & his father's S.S.L.C

Certificate which marked their religion and caste

as Hindu-Nadar before the 2nd respondent. Now

the 2nd respondent issued Ext.P7 order cancelling

the certificate issued to the petitioner. Hence this

writ petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Government WP(C) NO.6868 OF 2023

Pleader.

4. Counsel appearing for the petitioner

submitted that, Ext.P7 order was passed without

giving an opportunity of hearing to the petitioner.

The Government Pleader on the other hand takes

me through paragraph No.6 of the counter

affidavit filed by the 2nd respondent in which it is

stated that a hearing has been conducted on

06.04.2022 and a detailed statement has been

submitted by the petitioner during the time of

hearing.

5. This Court considered the contentions of

the petitioner and the respondents and this Court

also perused Ext.P7 order. A perusal of Ext.P7

order would not show that a hearing was given to

the petitioner. It is true that, in reference No.2

of Ext.P7, it is stated that a hearing was WP(C) NO.6868 OF 2023

conducted on 06.04.2022. But it is the definite

case of the petitioner that, no opportunity of

hearing was given before passing Ext.P7 order

and the petitioner will be able to convince the

authorities that the order was not correct. If that

be the case, one more opportunity can be given

to the petitioner to substantiate his case. But I

make it clear that, I have not considered the

matter on merit and the officer concerned will

reconsider the matter in accordance with law.

Therefore, this writ petition is disposed of

with the following directions:

i. Ext.P7 is set aside.

ii. The 2nd respondent is directed to

reconsider the matter after giving sufficient

opportunity of hearing to the petitioner and

pass appropriate orders, as expeditiously as WP(C) NO.6868 OF 2023

possible, at any rate, within a period of one

month from the date of receipt of a certified

copy of this judgment.

iii. Petitioner will produce a certified

copy of this judgment along with a copy of

this writ petition before the 2nd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.6868 OF 2023

APPENDIX OF WP(C) 6868/2023

PETITIONER EXHIBITS EXHIBIT P-1 THE TRUE COPY OF THE SSLC CERTIFICATE OF PETITIONER SHOWING THE RELIGION OF THE PETITIONER AS HINDU AND CASTE AS NADAR EXHIBIT P-2 THE TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER'S FATHER SHOWING HIS RELIGION AND CASTE AS HINDU-NADAR EXHIBIT P-3 THE TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE NO.569/2016 DATED 07.04.2016 ISSUED BY 3RD RESPONDENT STATING THAT THE PETITIONER IS BELONGS TO HINDU- NADAR COMMUNITY AND FALLS UNDER NON-CREAMY LAYER EXHIBIT P-4 THE TRUE COPY OF THE JUDGMENT DATED 30.07.2022 PASSED BY ADDL. MUNSIFF COURT RECOGNISING THE PETITIONER AS HINDU EXHIBIT P-5 THE TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE NO.1032/22 DATED 09.03.2022 ISSUED BY 3RD RESPONDENT STATING THAT THE PETITIONER IS BELONGS TO HINDU- NADAR COMMUNITY AND FALLS UNDER NON-CREAMY LAYER EXHIBIT P-6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 06.04.2022 WP(C) NO.6868 OF 2023

BEFORE 2ND RESPONDENT EXHIBIT P-7 THE TRUE COPY OF THE COMMUNICATION NO.A5/6808/2022 DATED 10.01.2023 ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2(D) A TRUE COPY OF THE HEARING NOTICE DATED 26-03-2022 EXHIBIT R2(A) A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 11-03-2022 EXHIBIT R2(B) A TRUE COPY OF THE ANONYMOUS LETTER DATED NIL EXHIBIT R2(C) A TRUE COPY OF THE REPORT SUBMITTED BY THE CHARGE OFFICER DATED 05-01-2023 EXHIBIT R2(E) A TRUE COPY OF THE STATEMENT SUBMITTED BY THE VILLAGE OFFICER , KEEZHAROOR DATED 06-04-

EXHIBIT R2(F) TRUE COPY OF MARRIAGE PHOTOGRAPH EXHIBIT R2(G) A TRUE COPY OF THE APPLICATION DATED 10-03-2022

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE