IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 21917 of 2008(H) -------------------------- PETITIONER: ------------ VIPUN VIJAY, S/O.VIJAYAN.H, LATHALAYAM, CHOORALMALA, VELLARIMALA, VLYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ------------- 1. THE TAHSILDAR, VYTHIRI TALUK, WAYANAD DISTRICT. 2. THE VILLAGE OFFICER, VELLARIMALA VILLAGE VYTHIRI TALUK, WAYANAD DISTRICT. BY SPEICAL G.P. SHRI.T.RAVIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.21917 of 2008 ================== Dated this the 23rd day of July, 2008 J U D G M E N T The petitioner's forefathers migrated from Karnataka State and settled down at Vellarimala in Wynad District. Their caste at Karnataka was known as “Poojari” The petitioner's mother is a native of Kerala belonging to “Thiyya” caste. In the SSLC book of the petitioner, no caste is shown. Now the petitioner has been directed to produce a caste certificate for joining the military service. However, the application for community certificate filed before the 1st respondent was rejected on the ground that since there is no caste by name, “Hindu-Poojari” among the list of communities of Kerala State, no such certificate can be issued. The petitioner, therefore, seeks the following reliefs: “(a) issue a writ of certiorari or other appropriate writ, order or direction calling for the records of the case and to quash the original of Ext.P6. (b) issue a writ of mandamus or other appropriate writ, order or direction to the respondents directing them to issue a certificate indicating his caste status.” 2. Perhaps for the purpose of employment in the State of Kerala, the petitioner may not be eligible for a caste certificate w.p.c.21917/08 2 showing the caste as “Hindu-Poojari”. But when an authority insists that the petitioner should produce a caste certificate for the purpose of getting employment, the petitioner cannot be without any remedy, in view of the peculiar circumstances he is in. Therefore, I am of opinion that the respondents should conduct necessary enquiries in the matter and give a certificate showing the present caste status of the petitioner. If the respondents are satisfied that the petitioner's forefathers are belonging to the caste of “Hindu-Poojari” in Karnataka, and his father is also of that caste, since the father's caste follows son, the 1st respondent shall issue a caste certificate showing that the petitioner's caste is “Hindu-Poojari” of Karnataka State. This shall be done within three weeks from the date of receipt of a certified copy of this judgment. If a certified copy of this judgment is produced before the authority before whom the petitioner has to produce the caste certificate, that authority shall give the petitioner one month's time to produce the caste certificate. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.21917/08 3