IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 26246 of 2005(Y) --------------------------------------- PETITIONER: ------------------- J.SUNNY, S/O.VASUDEVAN @ JOHN, LALY BHAVAN (MARY BHAVAN), CHOORAPOYKA, THAZHUTHALA CHERRY, ADHICHANELLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHSILDAR, KOLLAM TALUK, KOLLAM. 3. THE PRINCIPAL, S.S.M., POLYTECHNIC, TIRUR. ADV. SRI.K.A.JALEEL FOR R3 SRI.T.T.MUHAMOOD FOR R3 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26246/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CERTIFICATE DT. 21.10.2000 ISSUED BY the 2ND RESPONDENT. EXT.P2:- COPY OF THE APPLICATION DT. 17.6.05 SUBMTITED BY THE PETITIONER. EXT.P3:- COPY OF THE TRANSFER CERTIFICATE DT. 12.7.95 ISSUED BY THE I.T.I CHANDANATHOPE. EXT.P4:- COPY OF THE COMMUNITY CERTIFICATE ISSUED BY TAHSILDAR PATHANAPURAM TO 2ND RESPONDENT DT. 20.7.95. EXT.P5:- COPY OF THE MEMO DT. 1.7.05 ISSUED BY THE 3RD RESPONDENT. EXT.P6:- COPY OF THE CERTIFICATE DT. 9.1.02 ISSUED BY THE 2ND RESPONDENT. EXT.P7:- COPY OF THE REPRESENTATION DT. 14.7.05 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P8:- COPY OF THE CERTIFICATE DT. 19.7.05 ISSUED BY THE WARD MEMBER ADICHANELLOOR GRAMA PANCHAYAT TO THE 2ND RESPONDENT. EXT.P9:- COPY OF THE COMMUNITY CONVERTION CERTIFICATE ISSUED BY THE ARYASAMAJ, TRIVANDRUM TO THE MOTHER OF THE PETITIONER DT. 4.7.98. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 26246 OF 2005 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to issue a Community Certificate to the petitioner stating that he belongs to Hindu Malavedar community of Scheduled Tribe. In case no action has been taken on Exhibit P7 representation, petitioner may produce a copy of this judgment along with copy of the writ petition before the first respondent, in which case, appropriate action in accordance with law in the matter will be taken by the first respondent within another three months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 26246 OF 2005 J U D G M E N T 04.07.2008