IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 28260 of 2009(B) --------------------------------------- PETITIONERS: --------------------- 1. SREEKANTH P.R., AGED 21 YEARS, S/O. K.S.RAJAN, PANACHIYIL HOUSE, MULAMKULAM VILLAGE, MULAMKULAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 2. SREEKALA P.R.(MINOR), AGED 17 YEARS, D/O. K.S.RAJAN, PANACHIYIL HOUSE, MULAMKULAM VILLAGE,MULAMKULAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT, REPRESENTED BY THE NEXT FRIEND AND MOTHER P.A.LEELAMONI,PANACHIYIL HOUSE,MULAMKULAM VILLAGE, MULAMKULAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. MR.ALIAS M.CHERIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, VAIKOM. R1 & R2 BY GOVT. PLEADER MR. P. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28260/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGE OF THE S.S.L.C. BOOK NO.270218. EXT.P.2: COPY OF THE TAX RECEIPT NO.14540 DTD. 29/08/2005. EXT.P.3: COPY OF THE RATION CARD NO.288535. EXT.P.4: COPY OF THE NEW RATION CARD NO.1525026633. EXT.P.5: COPY OF THE CERTIFICATE DTD. 27/01/2009 ISSUED BY KERALA PARAVAR SERVICE SOCIETY (KPSS), MULAKULAM. EXT.P.6: COPY OF THE PROGRESS REPORT FROM KENDRIA VIDHYALAYA IN RESPECT OF P.1. EXT.P.7: COPY OF THE PROGRESS REPORT FROM KENDRIA VIDHYALAYA IN RESPECT OF P.2. EXT.P.8: COPY OF THE CERTIFICATE NO. 11370 DTD. 16/09/09 ISSUED IN RESPECT OF THE P.1. EXT.P.9: COPY OF THE CERTIFICATE NO. 11371 DTD. 16/09/09 ISSUED IN RESPECT OF THE P.2. EXT.P.10: COPY OF THE CERTIFICATE NO. 11373 DTD. 16/09/09 ISSUED IN RESPECT OF THE P.1. EXT.P.11: COPY OF THE GOVERNMENT ORDER G.O.(MS).NO.109/2008/SCSTDD DTD. 20/11/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28260 OF 2009 -------------------------- Dated this the 10th day of November, 2009 J U D G M E N T The petitioners are the children of Sri. K.S.Rajan and Smt. P.A.Leelamoni. Sri. K.S.Rajan belongs to the Hindu Ezhava community and Smt. P.A.Leelamoni belongs to Hindu Paravan community. The petitioners' mother is a member of a Scheduled Caste Community. The petitioners claim that they were brought up as members of the Hindu Paravan community and that they have suffered all the disadvantages of that community. They applied to the Tahsildar, Vaikkom, for issue of community certificates. Ext.P8 and Ext.P10 certificates were thereupon issued to the first petitioner and Ext.P9 certificate to the second petitioner wherein the Tahsildar, Vaikkom, has certified that they belong to the Hindu Ezhava community, which is a backward community in the State of Kerala. Exts.P8,P9 and P10 are under challenge in this writ petition. 2. The petitioners contend relying on Ext.P11 Government order dated 20.11.2008 that before the said certificates were issued, the Tahsildar did not conduct any enquiry regarding their caste status and ascertain whether they had suffered disadvantages, W.P.(C) No. 28260/09 2 socially, economically and educationally as members of the Hindu Paravan community and whether they were brought up as members of that community. Sri. P.Santhosh Kumar, the learned senior Government Pleader, submits that the Tahsildar should necessarily have taken note of Ext.P11 Government Order and conducted an enquiry before taking a decision in the matter. 2. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Exts.P8, P9 and P10 do not disclose whether an enquiry, as contemplated in Ext.P11 Government order, was conducted by the Tahsildar before he came to the conclusion that the petitioners belong to the Ezhava community. In my opinion, the Tahsildar ought to have conducted an enquiry as directed by the Government in Ext.P11 order before coming to the conclusion that the petitioners belong to the Ezhava community. I therefore allow this writ petition, quash Exts.P8,P9 and P10 and direct the Tahsildar, Vaikkom, to reconsider the petitioners' applications for issue of community certificates in the light of Ext.P11 Government order. The Tahsildar shall issue notice to and hear the W.P.(C) No. 28260/09 3 petitioners/their parents while taking a decision in the matter. He shall also afford the petitioners a reasonable opportunity to produce proof in support of their claim that they were brought up as members of the Hindu Paravan community and that they have suffered disadvantages, socially, economically and educationally as members of that community. It will also be open to the petitioners to adduce evidence to prove that they were accepted by the Hindu Paravan Community in their fold and that they are living in the same social tenet. The Tahsildar shall take a decision in the matter expeditiously and in any even within three months from the date on which the petitioners produce a certified copy of this judgment before him. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE vps