IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31484 of 2007(W)
1. ANENDH C. JACOB,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KOLLAM.
... Respondent
2. THE TAHSILDAR,
3. STATE OF KERALA,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/09/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 31484 OF 2007 (W)
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Dated this the 30th day of September, 2009
J U D G M E N T
The challenge in this writ petition is against Ext.P5, where a
Non Creamy Layer certificate applied for by the petitioner on the
basis that he is a Christian Latin Catholic has been rejected on the
ground that, in the enquiry conducted by the Tahsildar, it was
found that the petitioner belongs to Christian Pentecost group.
Relying on Exts.P1 and P2, petitioner asserts that the finding in
Ext.P5 is factually erroneous and that he is still a Latin Catholic. It
is also his complaint that the enquiry was conducted without any
notice to him and it is contended that if he was given notice, he
would have produced the documents and other evidence to
substantiate his claim.
2. A reading of Ext.P5 does not show that the conclusions
therein have been arrived at in an enquiry that is conducted with
notice to the petitioner. This was all the more necessary in the
light of Exts.P1 and P2, SSLC Certificate and the Caste certificate
issued to the petitioner’s father, both of which show that they are
Latin Catholics and if the petitioner was given such an
WPC 31484/07
:2 :
opportunity, these documents could have been produced.
3. Having regard to the above, I am inclined to set aside
Ext.P5 and direct the 2nd respondent to conduct a fresh enquiry
into the claim of the petitioner with notice to him and pass fresh
orders in this matter on the production of a copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp