IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 OP.No. 21171 of 2001(U) ------------------------------------- PETITIONER(S): ------------------------ J.RAJEEV, S/O.JANARDHANAN NAIR, RESIDING AT MUTTICHINEZHATHU VEEDU, VADAKKUMTHALA EAST, VADAKKUMTHALA POST, KARUNAGAPPALLY TALUK,KOLLAM DISTRICT. BY ADV. SRI.P.V.VENUGOPAL RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY. R1 & R2 BY SR.GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON CMP.NO.34371/2001 IN O.P.NO.21171/2001 U DISMISSED 14/06/2011 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SSLC BOOK BEARING REGISTRATION NO.79740/91. P2: COPY OF THE LIST OF OTHER BACKWARD COMMUNITY. P3: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY TAHSILDAR, KARUNAGAPPALLY, DTD. 17/12/98. P4: COPY OF THE RELEVANT PAGE OF PARTIV OF KERALA GAZETTE NOTIFICATION DTD. 9/02/99. P5: COPY OF THE HALL TICKET BEARING NO.Q 14084. P6: COPY OF THE HALL TICKET BEARING NO.T 1295. P7: COPY OF THE INTIMATION BEARING NO.C3- 110605/01/K.DIS. DTD. 7/7/2001. P8: COPY OF REPRESENTATION DTD. 10/07/2001. P9: COPY OF THE G.O.(MS) NO.77/98/SCST DD DTD. 10/08/98. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- Original Petition No.21171 Of 2001 ----------------------------------------------------- DATED THIS THE 14th DAY OF JUNE, 2011 J U D G M E N T The petitioner, an unemployed youth who had studied upto Pre-degree, approached this Court seeking for appropriate direction to issue Non-creamy Layer Certificate to the petitioner as a member of Chakkala Nair Community which is classified as Other Backward Classes. 2. It is pointed out in the Writ Petition that when the petitioner approached the Tahsildar for issuance of Non-creamy Layer Certificate, he was issued a communication, Exhibit P7 stating that Chakkala Nair Community has not been included in the non-creamy layer list by State and Central Government as backward community for issuance of non-creamy layer certificate and therefore he is unable to issue the same. 3. The respondents have filed a detailed counter affidavit, wherein, in paragraph No.2, it is pointed out that even though the Chakkala Nair Community was included in the list of socially and economically backward classes as per G.O.(P)No.208/66/ O.P.No. 21171/01 -2- dated 2.5.1966, the caste was bracketed along with Chakkala Community. But in the list published as per G.O.(P) No.36/2000/SC.ST.DD. dated 27.5.2000 Chakkala Nair Community is neither included nor bracketed along with Chakkala Community. It is therefore submitted that the respondents are bound to act in accordance with the Rules or orders in which the Chakkala Nair Community does not find a place. In that view of the matter, a direction as sought for by the petitioner cannot be issued and the Writ Petition is dismissed. But, it is made clear that in the event of any modification of the Government Orders, the dismissal of this Writ Petition will not stand in the way of the petitioner claiming any relief in terms of such modified Government Orders. T.R.RAMACHANDRAN NAIR, JUDGE. dsn