2022 Supreme(Online)(Ker) 76742
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BHAVYA UDAY – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 3630/2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF MARCH 2022/12TH PHALGUNA, 1943 WP(C) NO. 3630 OF 2022 ETITIONER:
BHAVYA UDAY, AGED 18, D/O. UDAYAKUMAR, KEEZHECHIRA HOUSE, CHELOOR DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 121.
BY ADV N.L.BITTO RESPONDENTS:
1 THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR 680 001.
3 THAHASILDAR MUKUNDAPURAM, CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT 680 121.
4 VILLAGE OFFICE, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 733.
5 VILLAGE OFFICER, KARIMBA NO. II, MANNARKAD TALUK, PALAKKAD DISTRICT 678 582.
SMT.PARVATHY KOTTOL, G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 3rd day of March, 2022 The petitioner is a student who completed her Plus Two course. The petitioner wants to appear for Entrance Examination for professional courses. The petitioner states that her father is from “Vaniya” Community (OBC). However, in the records, the petitioner's father is shown as belonging to “Chakkamar” Community.
2. The petitioner states that the sect known as “Chakkamar” belongs to “Vaniya” Community itself, as per Ext.P2 notification dated 24.01.2014. Ext.P2 would show that the “Chakkamar”, who are residents of the Villages Mannarkkad I, II, Pottassery I and Kumaramputhur, should be treated as “Vaniya”. The petitioner's ancestors are residents of Mannarkkad Village, contends the petitioner. Therefore, in view of Ext.P2, the petitioner is entitled to get a Caste Certificate treating as the petitioner belonging to “Vaniya” Community.
3. The learned Government Pleader submitted that as per Ext.P2 order, the members of “Chakkamar” Community residing in Mannarkkad I, II, Pottassery I, and Kumaramputhur Villages of Mannarkkad Taluk should be treated as belonging to “Vaniya” Community. The petitioner's application can be considered in the light of Ext.P2.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader.
5. In view of the submission made on behalf of the petitioner and the stand taken by the Director of KIRTADS as reflected in Ext.P2 communication, the writ petition can be disposed of directing the 4th respondent to consider the application for Caste Certificate of the petitioner.
Accordingly, the writ petition is disposed of directing the
4th respondent to consider the application for Caste Certificate (Vaniya) submitted by the petitioner and take a decision thereon at the earliest, at any rate, within a period of two weeks, taking into account Ext.P2 communication of the KIRTADS.
Sd/-
N. NAGARESH JUDGE ncd/03.03.2022 APPENDIX OF WP(C) 3630/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SSLC BOOK NO.
091932 OF THE FATHER OF THE PETITIONER ISSUED IN THE YEAR 1989.
Exhibit P2 A TRUE COPY OF THE NOTIFICATION ISSUED AS DI/1025/13/FROM THE KIRTADS DATED 24/1/2014.
Exhibit P3 A TRUE COPY OF THE SSLC BOOK OF THE MOTHER OF THE PETITIONER NO. 431577 ISSUED FROM THE DEPARTMENT OF EDUCATION IN THE YEAR 1991.
Exhibit P4 A TRUE COPY OF THE DETAILS OF APPLICATION NO. 33406289 FROM THE E-
DISTRICT DATED NIL.