Allowed

Amal Roy F., v. the District Collector

Kerala HC14 Sept 2021WP(C)/15165/2021

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to issue a Latin Catholic caste and non-cream layer certificate. The court disposed of the petition by allowing intermediate petitioners to file applications with supporting evidence and directing the Tahsildar to consider them within one month.

What did the court decide?

Petitioners 2 and 3 allowed to file application for Caste and Non-creamy Layer Certificate within 10 days; Tahsildar to consider such applications with hearing within one month.

Amal Roy F., Vs the District Collector — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943 WP(C) NO. 15165 OF 2021

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PETITIONERS:

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1 AMAL ROY F., AGED 25 YEARS S/O. FRANCIS, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT,PIN-670 544

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2 ADITH ROY.F. S/O. FRANCIS, AGED 23, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 544

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3 ANANYA ROY D/O. FRANCIS, AGED 20, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 544

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BY ADVS.

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V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR SANAL C.S NITHEESH.M

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, KALPETTA , WAYANAD DISTRICT, PIN-673 020

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2 THE TAHSILDAR, MANANTHAVADY TALUK, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645

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WP(C) NO. 15165 OF 2021

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3 THE VILLAGE OFFICER, THAVINHAL VILLAGE, THALAPPUZHA P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 544

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BY ADV

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SMT.DEEPA NARAYANAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15165 OF 2021

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P.V.KUNHIKRISHNAN, J.

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========================

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WP(C) NO. 15165 OF 2021

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========================

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Dated this the 14 th day of September, 2021

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to issue Caste and Non Creamy Layer Certificate (Latin Catholic) to the 1 st petitioner at the earliest so as to enable him to produce the same before the Indira Gandhi National Open University in connection with his admission to the course of Post Graduate Diploma in Mental Health.

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(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to issue Caste and Non Creamy Layer Certificate (Latin Catholic) to the 2 nd and 3 rd petitioners as and when the same is required for their appointment and admission purposes.

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(c) Pass such other orders as are deemed fit and necessary in the interest of justice and for proper and effective adjudication of the case.”

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When this writ petition came up for consideration

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on 09.08.2021 this Court passed the following order:

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“The grievance of the petitioners in the writ petition concerns the alleged refusal on the part of the second respondent in issuing Caste-cum-Non creamy

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WP(C) NO. 15165 OF 2021

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layer certificate to the petitioners.

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The learned Government Pleader, on instructions, submitted that only the first petitioner has preferred an application for Caste-cum-Non Creamy layer certificate. It was also submitted by the learned Government Pleader that the application preferred by the first petitioner for the said purpose has not yet been disposed of for want of evidence to show that the father of the petitioner belongs to Latin Catholic community. It was further submitted by the learned Government Pleader that if the first petitioner makes available documents showing that his father belongs to Latin Catholic community, there may not be any difficulty in granting the Caste-cum-Non creamy layer certificate sought by the first petitioner.

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The learned counsel for the petitioners submits that the first petitioner is prepared to make available the documents before the second respondent showing that his father belongs to Latin Catholic Community.

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In the circumstances, there will be an interim order directing the first petitioner to produce documents showing that his father belongs to Latin Catholic community before the second respondent along with a copy of this order, and directing the second respondent to take a decision on the said application preferred by the first petitioner for Caste cum Non creamy layer certificate, forthwith.

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List this matter on 13.08.2021. “

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Today when the matter came up for consideration, the counsel for the petitioner submitted that the 1^st petitioner already obtained the certificate. The counsel submitted that the 2^nd and 3^rd petitioner also will submit application before the authority concerned for getting the certificate

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WP(C) NO. 15165 OF 2021

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and there may be a direction to consider the application in accordance to law. The Government Pleader also submitted that if any application is received from the 2^nd and 3^rd petitioner, the same will be considered in accordance to law.

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In the light of the above submissions this writ petition can be disposed allowing the 2^nd and 3^rd petitioners to file application for getting the Caste Certificate with supporting evidence if any and to consider those applications by the authority concerned within a time frame.

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Therefore, this writ petition is disposed of in the following manner:

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(a) The 2^nd and 3^rd petitioners are allowed to file an application to get Caste and Non-creamy Layer Certificate (Latin Catholic) before the 2^nd respondent with supporting documents, if any, within 10 days from the date of receipt of a copy of this judgment.

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WP(C) NO. 15165 OF 2021

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(b) If such an application is received by the 2^nd respondent, the 2^nd respondent will consider the same and pass appropriate orders in it in accordance to law after giving an opportunity of hearing to the petitioners 2 and 3 as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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scs

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WP(C) NO. 15165 OF 2021

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APPENDIX OF WP(C) 15165/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE CASTE CERTIFICATE NO.5019729 DATED 3.1.2014 ISSUED BY THE 2ND RESPONDENT
Exhibit P2	TRUE COPY OF THE CASTE AND CREAMY LAYER CERTIFICATE NO.56592553 DATED 1.7.2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P3	TRUE COPY OF THE INCOME CERTIFICATE NO.56548537 DATED 30.6.20921 ISSUED BY THE 3RD RESPONDENT
Exhibit P4	TRUE COPY OF THE TRANSFER CERTIFICATE NO.T.C.NO.1402/2013-14 DATED 22.5.2014 ISSUED TO THE 1ST PETITIONER
Exhibit P5	TRUE COPY OF THE BAPTISM CERTIFICATE DATED 12.7.2021 ISSUED TO THE PETITIONERS FATHER FROM THE CHURCH
Exhibit P6	TRUE COPY OF THE RATION CARD CONSUMER NO.2264011188
Exhibit P7	TRUE COPY OF PAGE NO.1 OF SSLC BOOK (REG NO.79920) OF THE PETITIONERS MOTHER
Exhibit P8	TRUE COPY OF THE PREFACE DATED 10.10.2018 OF THE HAND BOOK ISSUED BY THE GOVERNMENT OF KERALA (RELEVANT PAGES)
Exhibit P9	TRUE COPY OF THE OFFICE MEMORANDUM NO.36033/1/2013-ESTT (RES) DATED 13.9.2018 ISSUED BY THE GOVERNMENT OF INDIA
Exhibit P10	TRUE COPY OF THE GO(MS)

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WP(C) NO. 15165 OF 2021

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	NO.03/2018/SCBTDD DATED 9.4.2018
Exhibit	P11 TRUE COPY OF GO (P) NO.81/09/SSCSTDD DATED 26.9.2009
EXHIBIT	P12 TRUE COPY OF THE NOTICE NO.152/2021/TVL DATED 23.07.2021 (SERVED BY AFFIXTURE ON 30.07.2021) ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER
EXHIBIT	P13 TRUE COPY OF THE DEATH CERTIFICATE DATED 31.07.2021 OF THE PETITIONERS' GRANDFATHER ANTONY ISSUED BY ST.THOMAS CHURCH, CHUNGAM
EXHIBIT	P14 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 31.07.2021 OF THE PETITIONERS' PARENTS ISSUED FROM ST.THOMAS CHURCH, CHUNGAM, THALAPUZA
EXHIBIT	P15 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 12.7.2021 ISSUED BY ST.THOMAS CHURCH, CHUNGAM, THALAPUZHA TO THE PETITIONERS' FATHER FRANCIS
EXHIBIT	P16 TRUE COPY OF THE CERTIFICATE DATED 31.7.2021 ISSUED BY THE PARISH PRIEST, ST.THOMAS CHURCH, CHUNGAM
EXHIBIT	P17 TRUE COPY OF THE REPRESENTATION DATED 2.8.2021, IN REPLY TO EXHIBIT P12, SUBMITTED BY THE PETITIONERS' FATHER FRANCIS TO 3RD RESPONDENT VILLAGE OFFICER.
EXHIBIT	P18 TRUE COPY OF THE APPLICATION DATED 11.8.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT	P19 TRUE COPY OF THE RECEIPT DATED 11.8.2021 ISSUED BY THE 2ND RESPONDENT

Amal Roy F., v. the District Collector

Case brief

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Amal Roy F., v. the District Collector

Case brief

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