IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 20298 of 2010(J) -------------------------- PETITIONER(S): --------------- C.SURESH KUMAR S/O.CHAMI MUDALI, 41 YEARS LAKSHMISREE, ALAPARAMBU STREET, POS KANNIAMPURAM, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTE AND SCHEDULED TRIBE (KIRTADS)REPRESETED BY ITS DIRECTOR, KOZHIKODE, PIN 673 1001. 2. THE TAHSILDAR, TALUK OFFICE OTTAPALAM 679 101. 3. THE VILLAGE OFFICER, OTTAPALAM I VILLAGE, KANNIAMPURAM OTTAPALAM 679 101. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20298 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of July, 2010. J U D G M E N T The petitioner claims to belong to the Hindu Mudali Community, which is also said to be known as Kaikelan and Kerala Mudali. According to the petitioner, this community is categorized as Other Backward Community in the State of Kerala. Petitioner's daughter requires a community certificate. In the above circumstances, the petitioner has filed this writ petition seeking the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext. P6 and P7 and to determine the caste of the petitioner and his family members based upon the reports submitted by the 2nd and 3rd respondents within a specified period.” 2. As far as this prayer is concerned, insofar as KIRTADS does not have any statutory power to decide community status of other backward classes, I do not think that the 1st respondent can be legally directed to conduct an enquiry regarding the caste status of the petitioner and his daughter. But when a person applies to the 2nd respondent-Tahsildar for a community certificate, he is statutorily bound to make enquiries regarding the community status of the applicant and issue a community certificate showing the caste to which the applicant belongs. In the above circumstances, the writ petition is disposed of with a direction to the 2nd respondent to conduct necessary enquiries regarding the caste status of the W.P.C. No. 20298/10 -: 2 :- petitioner's daughter Subina. S and issue a community certificate to her as expeditiously as possible, at any rate, within one month from the date of receipt of an application for that purpose along with a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.