IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 16293 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ AMOL JACOB, MUTHASSIVEETTIL (PADINJARE THADATH) ATHALOOR P.O.,THAVANUR VIA, MALAPPURAM-679 573 BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM-679 001. 3. THE TAHSILDAR, PONNANI-679 577,MALAPPURAM DIST. 4. THE VILLAGE OFFICER, THAVANUR, MALAPPURAM DIST-679 573 R1 TO R4 BY GOVERNMENT PLEADER SRI. P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16293/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE PETITIONER. P2: COPY OF THE CERTIFICATE DTD. 30/09/2009 ISSUED BY THE 4TH RESPONDENT. P3: COPY OF THE CERTIFICATE DTD. 4/12/2010. P4: COPY OF G.O.(RT) NO.806/79 DTD. 24/04/1979. P5: COPY OF G.O.(MS) NO.11/86 DTD. 13/02/1986. P6: COPY OF THE RELEVANT PAGES OF THE APPLICATION DTD. 9/05/2011. P7: COPY OF THE REPLY DTD. 18/05/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J --------------------------------------- W.P(C) No.16293 of 2011 ---------------------------------------- Dated this the 21st day of July, 2011. J U D G M E N T The petitioner claims to be a Scheduled Caste converted into Christianity (OX). He made Ext.P6 application for issuance of a non- creamy layer certificate. The Village Officer gave him Ext.P7 reply stating that the matter has been referred to Tahsildar, the 3rd respondent and that clarification is awaited. It is thereupon that the writ petition has been filed with the following main prayer: “to issue a writ of mandamus directing the 4th respondent to issue non creamy layer cum caste certificate to the petitioner showing that he belongs to 'other Christian' category in the light of Exts.P1, P2 and P3 forthwith.” 2. A statement has been filed on behalf of the 3rd respondent, in which apart from stating that he is awaiting clarification from the Director of Schedule Caste Development Department, it is also stated thus: “But, as far as the petitioner is considered, he cannot claim the benefits of the Government Orders referred above as he has not produced any proof regarding the conversion of his mother from Scheduled W.P(C) No.16293 of 2011 2 Caste Pathiyan to Christianity.” 3. Therefore, according to the 3rd respondent, one of the reasons which necessitated clarification was the absence of proof regarding conversion of the petitioner's mother from Scheduled Caste to Christianity. In order to clarify that position, along with I.A.No.11858/2011, the petitioner has produced Exts.P8 to P10 documents. In my view, since the community status of the petitioner, is a matter which is to be satisfied by the 3rd respondent, the petitioner should produce these documents before the 3rd respondent himself. Therefore, the writ petition itself is disposed of with the following directions: i) That the 3rd respondent to whom the 4th respondent has referred the petitioner's claim for clarification will issue notice to the petitioner, enabling to produce documents substantiating his contention that he belongs to OX category. Once documents are produced enquiry will be held and on conclusion of such enquiry, the 3rd respondent shall pass orders on Ext.P6 W.P(C) No.16293 of 2011 3 application made by the petitioner. ii) It is made clear that in the enquiry to be so held, it will be open to the petitioner to produce documents including Exts.P6 to P10 referred to above to substantiate his contentions. iii) The enquiry shall be conducted as expeditiously as possible, at any rate within six weeks from the date of production of a copy of this judgment. ANTONY DOMINIC ab JUDGE