IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 32268 of 2009(C) -------------------------- PETITIONER(S): ---------------------- KARUNAKARAN, AGED 48 YEARS, S/O.KRISHNAN PANACHATHARAYIL, KANICHANELLOR MURI, HARIPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.VINCENT JOSEPH SRI.M.R.ARUN KUMAR RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. TAHSILDAR, KARTHIKAPALLY, ALAPPUZHA DISTRICT. 3. VILLAGE OFFICER, CHEPPAD, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. 4. THE PRINCIPAL, S.N.TRUST HIGHER SECONDARY SCHOOL, KARTHIKAPPALLY TALUK, NANGYYARKULANGARA P.O., ALAPPUZHA DISTRICT. ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R4 SRI.A.R.DILEEP FOR R4 SRI.GEORGE RAJU FOR R4 SMT.SURYA SASI FOR R4 SR.GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32268/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT PAGE OF S.S.L.C. RECORDS OF HARITHA KARNAN. EXT.P2: TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DT 29.3.2009 TO THE PETITIONER. EXT.P2(a): TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPODNENT DT 29.3.2009 TO THE PETITIONER'S WIFE. EXT.P3: TRUE COPY OF THE APPLICATIOND DT 4.7.2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHEPPAD GRAMA PANCHAYATH PRESIDENT DT 15.6.2009. EXT.P5: TRUE COPY OF THE CERTIFICATE ISSUED by the SECRETARY TO K.P.M.S. IN MUTTAM BRANCH BEARING NO.1485 DT 15.7.2009. EXT.P6: TRUE COPY OF THE CERTIFICATE ISSUED by the WARD MEMEBR (WARD NO.7) OF CHEPPAD GRAMA PANCHAYATH DT 1.7.2009. EXT.P7: TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DT 27.7.2009. EXT.P8: TRUE COPY OF THE REPRESENTATION FILED BY THE PETTIONER BEFORE THE 1ST RESPONDENT DT 14.8.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32268 OF 2009 (C) ===================== Dated this the 20th day of June, 2011 J U D G M E N T The writ petition has been filed by the petitioner seeking to quash Ext.P7 and to direct the 2nd respondent to issue a caste certificate in favour of Miss.Haritha Karnan, his daughter. According to the petitioner, he is a Hindu, Pulaya and this claim is sought to be substantiated by referring to Ext.P2 caste certificate of his wife, which also is to the effect that she is a Hindu Pulaya. In so far as his daughter is concerned, Ext.P1 shows that the entry in the SSLC Book is to the effect that she is a Hindu Pulaya. 2. Relying on the above and also Exts.P4 to P6 certificates issued by the Cheppad Grama Panchayat and the Kerala Pulayar Maha Sabha, an application was made by the petitioner for the issuance of a caste certificate to the effect that his daughter is a Hindu Pulaya. That application was rejected by Ext.P7 order passed by the Tahsildar, the 2nd respondent on the ground that in the enquires, he came to know that the petitioner and his family are following Christian religion. It is in the above background, the writ petition is filed. WPC No. 32268/09 :2 : 3. As rightly pointed out by the learned counsel for the petitioner, apart from stating that the enquiry revealed that the family is professing Christian religion, nothing is stated in Ext.P7 to show that the petitioner and his wife become the member of any Christian church or perform the religious rituals for the purpose of embracing the Christian religion. 4. However, fact remains that under Section 12 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, petitioner has an appellate remedy against Ext.P7 and that such an appeal should be filed before the Revenue Divisional Officer. 5. Taking note of the above and also the fact that this writ petition is pending before this Court since 2009, I direct that it will be open to the petitioner to file an appeal before the Revenue Divisional Officer and that if such an appeal is filed within two weeks from today, the same will be entertained by the Revenue Divisional Officer and considered on merits. 6. However, petitioner points out that in order to seek admission for General Nursing, his daughter requires a certificate. It is also pointed out that if such a certificate is not produced, WPC No. 32268/09 :3 : petitioner's daughter will not be in a position to pursue her studies. 7. Taking note of the above and also the prima facie materials produced by the petitioner, it is directed that, subject to the outcome of the appeal to be filed by the petitioner as above, 2nd respondent will issue a certificate to the effect that the petitioner's daughter belongs to Hindu Pulaya Community. It should be made clear in the certificate itself that it is provisional and subject to the outcome of the appeal to be filed as above. It is directed that such certificate should be issued within one week from the date of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp