2021 Supreme(Online)(KER) 48623
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943 WP(C) NO. 15165 OF 2021 PETITIONERS:
1 AMAL ROY F., AGED 25 YEARS S/O. FRANCIS, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT,PIN-670 544
2 ADITH ROY.F.
S/O. FRANCIS, AGED 23, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 544
3 ANANYA ROY D/O. FRANCIS, AGED 20, F.R.VILLA, THALAPPUZHA P.O., KAMBIPALAM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 544 BY ADVS.
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 RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, KALPETTA , WAYANAD DISTRICT, PIN-673 020
2 THE TAHSILDAR, MANANTHAVADY TALUK, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645
3 THE VILLAGE OFFICER, THAVINHAL VILLAGE, THALAPPUZHA P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 544 BY ADV SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
========================
WP(C) NO. 15165 OF 2021 ========================
Dated this the 14th day of September, 2021
['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']
JUDGMENT
The above writ petition is filed with the following prayers:
“(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue Caste and Non Creamy Layer Certificate (Latin Catholic) to the 1st 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.
(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue Caste and Non Creamy Layer Certificate (Latin Catholic) to the 2nd and 3rd petitioners as and when the same is required for their appointment and admission purposes.
(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.”
2. When this writ petition came up for consideration on 09.08.2021 this Court passed the following order:
“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 layer certificate to the petitioners.
2. 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.
3. 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.
4. 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.
List this matter on 13.08.2021. “
Today when the matter came up for consideration, the counsel for the petitioner submitted that the 1st petitioner already obtained the certificate. The counsel submitted that the 2nd and 3rd petitioner also will submit application before the authority concerned for getting the certificate 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 2nd and 3rd petitioner, the same will be considered in accordance to law.
3. In the light of the above submissions this writ petition can be disposed allowing the 2nd and 3rd 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.
Therefore, this writ petition is disposed of in the following manner:
(a) The 2nd and 3rd petitioners are allowed to file an application to get Caste and Non-creamy Layer Certificate (Latin Catholic) before the 2nd respondent with supporting documents, if any, within 10 days from the date of receipt of a copy of this judgment.
(b) If such an application is received by the 2nd respondent, the 2nd 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