IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 31484 of 2007(W) -------------------------- PETITIONER(S): ------------------ ANENDH C. JACOB, CHAKKALAYIL VEEDU, MANAKKARA, SASTHAMKOTTA, KOLLAM-21. BY ADV. SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHSILDAR, TALUK OFFICE, KUNNATHUR, SASTHAMKOTTA, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.K.SANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARDON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31484/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF the SSLC CERTIFICATE. EXT.P2: TRUE COPY OF THE COMMUNICTY CERTIFICATE ISSUED BY THE TAHSILDAR TO THE PETITIONER'S FATHER. EXT.P3: TRUE COPY OF THE APPLICATION DT 22.8.2007. EXT.P4: TRUE COPY OF THE APPLICATION DT 6.9.2007. EXT.P5: TRUE COPY OF THE ORDER NO.A3-9895/07 DT.19.9.2007. EXT.P6: TRUE COPY OF THE JUDGMENT DT 13.9.2007. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31484 OF 2007 (W) ===================== Dated this the 30th day of September, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P5, where a Non Creamy Layer certificate applied for by the petitioner on the basis that he is a Christian Latin Catholic has been rejected on the ground that, in the enquiry conducted by the Tahsildar, it was found that the petitioner belongs to Christian Pentecost group. Relying on Exts.P1 and P2, petitioner asserts that the finding in Ext.P5 is factually erroneous and that he is still a Latin Catholic. It is also his complaint that the enquiry was conducted without any notice to him and it is contended that if he was given notice, he would have produced the documents and other evidence to substantiate his claim. 2. A reading of Ext.P5 does not show that the conclusions therein have been arrived at in an enquiry that is conducted with notice to the petitioner. This was all the more necessary in the light of Exts.P1 and P2, SSLC Certificate and the Caste certificate issued to the petitioner's father, both of which show that they are Latin Catholics and if the petitioner was given such an WPC 31484/07 :2 : opportunity, these documents could have been produced. 3. Having regard to the above, I am inclined to set aside Ext.P5 and direct the 2nd respondent to conduct a fresh enquiry into the claim of the petitioner with notice to him and pass fresh orders in this matter on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp