IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 8920 of 2002(J) ---------------------- PETITIONER: ------------ 1. M.J.SATHYANARAYANN,AGED 27 YEARS, S/O.LATE JANARDHANAN,MELETHIL HOUSE,THENUR AMSOM,PARLI VILLAGE,PALAKKAD DISTRICT 2. M.J.SANDHYA JYOTHY,AGED 28 YEARS D/O.LATE JANARDHANAN,MELETHIL HOUSE,THENUR AMSOM, PARLI VILLAGE,PALAKKAD DISTRICT 3. M.J.JAYAPRAKASH,AGED 25 YEARS, S/O.LATE JANARDHANAN,MELETHIL HOUSE,THENUR AMSOM, PARLI VILLAGE,PALAKKAD DISTRICT 4. M.J.DIVYA,AGED 23 YEARS,D/O.LATE JANARDHANAN,MELETHIL HOUSE,THENUR AMSOM, PARLI VILLAGE,PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL SRI.K.R.RAGHUNATH RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,PALAKKAD,COLLECTORATE, CIVIL STATION,PALAKKAD. 2. THE TAHSILDAR,TALUK OFFICE,PALAKKAD. BY GOVERNMENT PLEADER SHRI BENJAMIN PAUL P. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.15920/02 DISMISSED. 2/1/08 SD/- T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX EXT.P1-TRUE COPY OF THE DECREE IN OS NO.386/94 EXT.P2-TRUE COPY OF THE PETITION SUBMITTED BEFORE R2 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.8920 of 2002-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008. JUDGMENT The main prayer in the original petition is to issue a writ of mandamus directing the respondents to consider Ext.P2 on the basis of Ext.P1 and to issue caste certificate to the petitioners in their names. It is stated in paragraph 1 of the original petition that a decree has been passed by the Munsiff's Court, Palakkad in O.S.No.386/1994 (Ext.P1) declaring that the petitioners belong to Thandan (Scheduled Caste) community and the petitioners can approach the second respondent Tahsildar for obtaining community certificate. It is also averred that the respondents have not filed any appeal against the judgment and decree of the Munsiff's Court. 2. In the counter affidavit filed on behalf of the second respondent, the claim raised in the original petition that the petitioners belong to Thandan (Scheduled Caste) community, is disputed. It is further pointed out in the counter affidavit that Ext.P2 application dated 18.2.2002 was not submitted by the petitioners, but on 17.5.2002 the petitioners submitted an application requesting to issue a caste certificate and an application accompanied with an interim direction was also produced. OP 8920/2002 -2- 3. The averments in paragraph 9 of the counter affidavit show that the State has preferred an appeal, A.S. No.266/2004 against the judgment and decree in O.S. No.386/1994 with a delay petition before the District Court, Palakkad. Therefore, the claim of the petitioners for issuance of caste certificate will depend upon the outcome of A.S. No.266/2004. Hence, this court will not be justified in granting the relief sought for and the claim raised by the petitioners for the issuance of caste certificate can be considered by the Tahsildar only as per the judgment in A.S. No.266/2004 passed by the appellate court, mentioned above. The original petition is dismissed with the above observation. (T.R. Ramachandran Nair, Judge.) kav/ OP 8920/2002 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.8920 of 2002-J - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 2nd January, 2008.