IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 31622 of 2007(M) ------------------------------------- PETITIONER(S): -------------------- NISHA, W/O. ANILKUMAR, APARNALAYAM, S.N.PURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. MR.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. TAHSILDAR, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 524. BY SPECIAL GOVERNMENT PLEADER (SC/ST) SRI. P. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31622 of 2007(M) APPENDIX PETITIONER'S EXHIBITS: Ext.P1 - TRUE PHOTOCOPY OF SSLC PAGE 3 OF THE PETITIONER. Ext.P2 - TRUE PHOTOCOPY OF SUDDHI CERTIFICATE DATED 02.01.1999 OF M/S. ARYASAMAJ, TRIVANDRUM. Ext.P3 - TRUE PHOTOCOPY OF GAZETTE NOTIFICATION IN THE KERALA GAZETTE DATED 20.2.2001. Ext.P4 - TRUE PHOTOCOPY OF SSLC PAGE 3 OF ANIL KUMAR P., HUSBAND OF PETITIONER. Ext.P5 - TRUE PHOTOCOPY OF MARRIAGE REGISTER OF KPMS S.N.PURAM BRANCH. Ext.P6 - TRUE PHOTOCOPY OF PAGES 1 AND 2 OF RATIONCARD NO. 1417116323. Ext.P7 - TRUE PHOTOCOPY OF CERTIFICATE DATED 7.10.2007 ISSUED BY KPMS S.N.PURAM BRANCH. Ext.P8 - TRUE PHOTOCOPY OF COMMUNITY CERTIFICATE DT. 5.3.2005 ISSUED BY TAHSILDAR, KOTTAYAM. Ext.P9 - TRUE PHOTOCOPY OF APPLICATION DATED 18.9.07 BEFORE TAHSILAR, CHERTHALA Ext.P10 - TRUE PHOTOCOPY OF GOMS 07/79/DD DT. 18.6.79. Ext.P11 - TRUE PHOTOCOPY OF GOMS 130\9/80/DD DATED 27.11.1980 Ext.P12 - TRUE PHOTOCOPY OF GOMS 73/83/GAD DATED 23.3.83. Ext.P13 - TRUE PHOTOCOPY OF GOVT. CIRCULAR NO. 18421/ES/87/SC ST DEVELOPMENT DEPARTMENT DATED 15.12.1987. Ext.P14 - TRUE PHOTOCOPY OF 1976(3) SCC 411. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 31622 of 2007 ................................................. Dated this the 20th day of August, 2009 J U D G M E N T The petitioner claims to be born to parents of Hindu Cheramar origin, but converted to Christianity and as such she was born to Christian Cheramar parents. The petitioner claims that subsequently, she reconverted herself to Hinduism and followed that faith. She also married a Hindu Pulaya boy. According to the petitioner, the petitioner has been considered by the Hindu Pulaya community, which is a Scheduled Caste community, as one among them as is evident from Ext.P7 certificate. Therefore, according to the petitioner, petitioner belongs to the community Hindu Cheramar, which is a Scheduled Caste. The petitioner submitted Ext.P9 application for a community certificate showing her as belonging to the Hindu Cheramar community, which is a Scheduled Caste community. Petitioners grievance is that she is not being favoured with a community certificate despite Ext.P9 application. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or other appropriate writ or order or direction, directing the 2nd respondent to issue caste certificate to the petitioner in W.P(C) No. 31622 of 2007 -2- accordance with Ext.P9 application. (ii) Declare that the petitioner belongs to Hindu Cheramar community.” 2. The Government Pleader on instructions submits that the matter is covered by Ext.P13 circular issued by the Government, as per which she has to produce the documents specified in that circular for considering her application for community certificate as a Hindu-Charamar, which she has not so far produced before the 2nd respondent. 3. In the above circumstances, the writ petition is disposed of with the following direction: If the petitioner produces all documents referred to in Ext.P13 in support of Ext.P9 application submitted by her, the 2nd respondent shall consider her application for community certificate and issue a community certificate to the petitioner, as expeditiously as possible, at any rate, within one month from the date when the petitioner produces all the documents referred to in Ext.P13. While doing so, the 2nd respondent shall consider Ext.P14 judgment of the Supreme Court in the matter. The petitioner shall also be afforded an opportunity of being heard. S. SIRI JAGAN, JUDGE rhs