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. 36 of 2006(D) ---------------------------------- PETITIONER: ------------------- 1. V. MADHAVAN, MANOJ BHAVANAM, VADAYAN, VAIKKOM, KOTTAYAM DISTRICT. 2. MANOJ. M., DO. DO. 3. MANEESH. M., DO. DO. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.T.BABURAJAN SRI.LATHEESH SEBASTIAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TAHSILDAR, VAIKOM TALUK, KOTTAYAM DISTRICT. *ADDL. 3RD RESPONDENT IMPLEADED 3. THE PRINCIPAL , DENTAL COLLEGE, KOZHIKODE 8. *ADDL. 3RD RESPONDENT IMPLEADED AS PER ORDER DT. IA.4679/06 DT. 28.3.06. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R2 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.36/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE EXTRACT OF THE RELEVANT SCHOOL ADMISSION REGISTER OF THE IST PETITIONER DT. 21.5.1965. EXT.P2:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER DT. 14.8.02. EXT.P3:- COPY OF THE CASTE CERTIFICATE ISSUED BY the 2ND RESPONDENT TO THE IST PETITIONER DT. 20.8.03. EXT.P4:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIOENR DT. 26.10.04. EXT.P5:- COPY OF THE RELEVANT PAGE OF THE S.S.L.C BOOK OF THE 2ND PETITIONER. EXT.P6:- COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DT. 12.5.05. EXT.P7:- COPY OF THE RELEVANT PAGE OF THE S.S.L.C BOOK OF THE 3RD PETITIONER. EXT.P8:- COPY OF THE RELEVANT PAGE OF THE S.S.L.C BOOK OF THE IST PETITIONER'S DAUGHTER MANJU K.V. EXT.P9:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO IST PETITIONER'S DAUGHTER MANJU K.V. DT. 20.8.03. EXT.P10:- COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WPC. NO.424/04 DT. 1`6.1.04. EXT.P11:- COPY OF THE LETTER ISSUED BY the 2ND RESPONDENT TO THE 2ND PETITIONER DT. 18.11.2005. EXT.P12:- COPY OF THE ADMISSION CHIT ISSUED BY THE PRINCIPAL OF THE DENTAL COLLEGE, KOZHIKODE DT. 18.2.2006 IN THE NAME OF SMT. MANJU K.V. BEARING NO.385.. EXT.P13:- COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, DT. 5.7.05. EXT.P14:- COPY OF THE RECEIPT IISSUED FROM THE DENTAL COLLEGE, KOZHIKODE BEARING NO.5257 DT. 18.2.2006 IN THE NAME OF MANJU K.V. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 36 OF 2006 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T Petitioners approached this Court aggrieved by the refusal on the part of the second respondent in issuing caste certificate to the effect that they belong to Hindu-Pulaya. On 03.07.2007, this Court passed the following order: “The petitioners now submit that petitioners 2 and 3 have completed their studies and they are in need of community certificates for applying for jobs. Therefore, they seek interim direction to the 2nd respondent to issue community certificates to petitioners 2 and 3 showing their community as 'Hindu-pulaya'. The learned Government Pleader on the basis of a report from the Village Officer as also letter from the Kerala Pulaya Maha Sabha would submit that the petitioners have ceased to be 'Hindu-pulayas' as they have embraced the pentecostal mission faith. However, the learned Government Pleader is not able to satisfy me that they have joined any other community other than 'Hindu-pulaya' without which the petitioners cannot be denied community certificates as 'Hindu-pulaya'. Therefore, there would be a direction to the 2nd respondent to issue community certificates to the petitioners 2 and 3 showing them as 'Hindu-pulaya'”. W.P.(C) No. 36/06 2 This writ petition is disposed of in terms of the said interim order making it clear that in case the petitioners approach the competent authority, appropriate action in the light of the said order shall be taken in the matter of issuance of caste certificate. KURIAN JOSEPH, JUDGE. smp W.P.(C) No. 36/06 3 KURIAN JOSEPH, J. W.P.(C) No. 36 OF 2006 J U D G M E N T 04.07.2008