Petitioner applied for a caste certificate alleging inaction by authorities. Court held no adjudication on caste status required as no communication was issued, directing third respondent to decide application considering village officer reports within a week.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 5TH DAY OF JUNE 2017/15TH JYAISHTA, 1939
WP(C).No. 12784 of 2017 (W)
PETITIONER(S) :
ANAND.S, MINOR 17 YEARS, REPRESENTED BY HIS FATHER SATHEESH P., KARTHIKA, GOLF LINK ROAD, CHEVAYUR, KOZHIKODE-673017.
BY ADV. SRI.R.K.MURALIDHARAN
RESPONDENT(S) :
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR, BACKWARD COMMUNITY DEVELOPMENT DEPARTMENT, KANAKA NAGAR, THIRUVANANTHAPURAM-695003.
3. THE TAHSILDAR, TALUK OFFICE, KOZHIKODE.
4. THE VILLAGE OFFIOCER, NADAKKUTHAZA VADAKARA, KOZHIKODE-673101.
R BY GOVERNMENT PLEADER SRI.SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VS
WP(C).No. 12784 of 2017 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1 | TRUE COPY OFTHE IST PAGE OF THE SSCL CERTIFICATE OF THE PETITIONER'S FATHER |
|---|---|
| EXHIBIT-P2 | TRUE COPY OF THE IST AND 2ND PAGE OF THE SSLC BOOK OF VENUGOPALAN P. |
| EXHIBIT-P2(a) | TRUE COPY OF THE IST AND 2ND PAGE OF THE SSLC BOOK OF SOMASEKHARAN P. |
| EXHIBIT-P3 | A TRUE COPY OF APPLICATION DATED 04.08.2015 |
| EXHIBIT-P4 | TRUE COPY OF THE ENDORSEMENT MADE BY THE VILLAGE OFFICER, CHEVAYUR OBTAINED UNEER RTI ACT |
| EXHIBIT-P5 | TRUE COPY OF THE REPORT DATED 21/08/2015 OBTAINED UNDER RT ACT |
| EXHIBIT-P6 | TRUE COPY OF THE REPORT DATED 31/12/2015 BY THE 4TH RESPONDENT OBTAINED UNDER RTI ACT |
| EXHIBIT-P7 | TRUE COPY OF THE AFFIDAVIT BY K. BHASKARAN , RET. DEPUTY COLLECTOR |
| EXHIBIT-P7(A) | TRUE COPY OF THE AFFIDAVIT BY VALLIL GOPALAN MASTER |
| EXHIBIT-P8 | TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DATED 12/02/2016 |
| EXHIBIT-P9 | TRUE COPY OF THE REPRESENTATION EXCLUDING THE ENCLOSURES SUBMITTED BY THE PETITIONER DATED 02/06/2016 |
| EXHIBIT-P10 | TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATE 16/07/2016 |
RESPONDENT(S)' EXHIBITS
NIL
/TRUE COPY/
PA TO JUDGE
VS
P.B.SURESH KUMAR, J.
=============================
W.P.(C) No.12784 of 2017
============================
Dated this the 5th day of June, 2017
JUDGMENT
The petitioner has applied for a caste certificate. The grievance of the petitioner in the writ petition concerns the inaction on the part of the competent authority in considering the request of the petitioner.
instructions, submits that the petitioner has applied for a certificate to the effect that he belongs to Hindu-Vaniya community. According to the respondents, the petitioner belongs to Hindu-Nair Community and it is on account of the said reason that he was not issued the caste certificate.
as also the learned Government Pleader.
W.P.(C) No.12784 of 2017
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given any communication to the petitioner in response to his request for caste certificate, an adjudication as to the caste status of the petitioner is not required to be done by this Court at this stage.
In the circumstances, the writ petition is disposed of directing the third respondent to consider Ext.P3 application preferred by the petitioner for caste certificate and issue appropriate orders thereon, within a week from the date of receipt of a copy of the judgment. Needless to say that while taking a decision as stated above, the third respondent shall certainly take into account Ext.P2 series certificates as also Exts.P5 and P6 reports of the Village Officers. The petitioner shall
W.P.(C) No.12784 of 2017
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produce a copy of the judgment as also a copy of the writ
petition for compliance before the third respondent.
Sd/- P.B.SURESH KUMAR, JUDGE
VS
2 issues framed by the court
Whether the High Court should adjudicate on the caste status of the petitioner given the absence of specific communication from the authority?
Whether the writ petition should be disposed of by directing the respondent to consider the application?
3 provisions across 1 enactments
Anand.S (Minor), represented by Satheesh P.
State of Kerala
The Director, Backward Community Development Department
The Tahsildar, Taluk Office, Kozhikode
The Village Officer, Nadakkuthaza Vadakara
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
