IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 6739 of 2008(B) -------------------------------------- PETITIONER: ------------------- BIJU.S., AGED 33 YEARS, RESIDING AT PALAPPUZHA THEKKETHIL, MULLAKKERY, PANMANA P.O., CHAVARA, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, SC & ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, VADAKKUMTHALA, KARUNAGAPPALLY. 3. THE TAHSILDAR, KARUNAGAPPALLY. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA. R1 TO R3 BY SPL.GOVERNMENT PLEADER SRI. C.T. RAVIKUMAR R4 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6739/2008 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DTD. 14/02/2008 ISSUED BY THE K.P.S.C. EXT.P2: COPY OF THE FRONT PAGE OF SSLC BOOK OF THE PETITIONER. EXT.P3: COPY OF THE APPLICATION DTD. 20/02/2008. EXT.P4: COPY OF THE RELEVANT PAGES OF BROCHURE OF KPSC. EXT.P5: COPY OF THE ORDER IN WP(C)M NO.33968/2003 DTD. 29/10/2003. /TRUE COPY/ P.A. TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 6739 OF 2008 ----------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT In this writ petition what the petitioner sought for is an order directing that a caste certificate be issued to him based on Ext.P3 application. Petitioner contends that he belongs to Chakkala,an OBC. His case is that in pursuance to Ext.P1, he is required to produce a Non Creamy Layer Certificate and that Ext.P3 application is made for that purpose before the 3rd respondent. According to him, the application was returned and as a result of which there is a possibility of his losing the benefit of Ext.P1. It is in this circumstance, this Writ Petition has been filed. 2. If an application is made as stated by the petitioner, it is the duty of the 3rd respondent to enquire into the claim raised and pass an order on the application. However, curiously, the application has been returned by the 3rd respondent. In that view, it is open to the petitioner to produce Ext.P3 before the 3rd respondent, in which case the 3rd respondent shall enquire into the claim made and pass orders thereon. 3. Petitioner shall produce Ext.P3 application before the 3rd WPC No. 6739 OF 2008 2 respondent along with a copy of this judgment within 10 days from today. On receipt of the application so made, the 3rd respondent shall conclude the enquiry within four weeks thereafter. 4. It is directed that the time for production of Non Creamy Layer certificate pursuant to Ext.P1 will stand extended by six weeks from today. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 6739 OF 2008 3