IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5134 of 2009(J) -------------------------------------- PETITIONER(S): ------------------------- 1. K.R.RADHAMANI, D/.LATE RAGHAVAN, AGED 52 YEARS, RESIDING AT MANASSERIL HOUSE, POLASSERY, VAIKOM – PIN – 686 141. 2. ATHIRA M.V., D/O.K.R.RADHAMANY, AGED 17 YEARS, RESIDING AT MANASSERIL HOUSE, POLASSERY, VAIKOM – PIN – 686 141, MINOR, REPRESENTED BY MOTHER THE 1ST PETITIONER. BY ADV. MR.P.A.ABDUL JABBAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM – 695 001. 3. THE TAHSILDAR TALUK OFFICE, VAIKOM, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER MR. P.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009 ALONG WITH WPC NO. 5157 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC,J. ------------------------------ W.P.(C).Nos.5134/09 & 5157/09 ------------------------------- Dated this the 19th day of February, 2009. JUDGMENT In WP(c).No.5134/09, the first petitioner is the mother and the 2nd petitioner is the daughter. First petitioner is a Mala-Araya married to a Dheevara. 2. In so far as WP(c).No.5157/09 is concerned, the petitioner is the son of an inter-caste married couple of whom the mother is a Mala-Arayan and father is a Dheevara. 3. In these writ petitions the claim is that they are entitled to issued community certificates certifying that they belong to Mala-Araya community, on the basis of the Government Order dated 20.11.2008, which provides that such a certificate can be issued subject to the satisfaction of the conditions in those Government Order. WP(v).No.5134/09& anor. 2 4. In so far as WP(c).No.5134/09 is concerned, Ext.P7 is the application made and in so far as WP(c).No.5157/09 is concerned Ext.P6 is the application made. According to the petitioner in WP(c).No.5134/09, the certificate issued is Ext.P8 which shows that the community certificate issued is not in terms of the Government Order referred to above. In so far as the application made by the petitioner in WP(c).No.5157/09 is concerned, a certificate has been issued as Ext.P7. Obviously these certificates are also not in terms of the Government Order dated 20.11.2008. 5. In order to enable the petitioner to avail the benefit of reservation, what is required to be issued are certificate as contemplated in the Government Order and therefore the 3rd respondent Tahsildar is directed to conduct an enquiry on Ext.P7application made by the petitioner in WP(c) 5134/09 and Ext.P6 application made by the petitioner in WP(c). No.5157/09. This shall be done as expeditiously as possible and at any rate within 4 weeks from the date of production of WP(v).No.5134/09& anor. 3 a copy of the judgment. 6. In the meantime, as the last date for making the application for professional degree course is 26th of this month, I direct the Tahsildar to issue a provisional certificate to the petitioners in these writ petitions on the production of a copy of this judgment. In the certificate to be issued, it shall be made clear that the certificates are provisional ones and subject to further orders, depending upon the outcome of the enquiry to be conducted. Petitioner shall produce a copy of the judgment before the Tahsildar for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(v).No.5134/09& anor. 4