IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5134 of 2009(J)
1. K.R. RADHAMANI AND ANOTHER
... Petitioner
Vs
1. STATE OF KERALA AND 2 OTHERS
... Respondent
For Petitioner :SRI.P.A.ABDUL JABBAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/02/2009
O R D E R
ANTONY DOMINIC,J.
------------------------------
W.P.(C).Nos.5134/09 & 5157/09
-------------------------------
Dated this the 19th day of February, 2009.
JUDGMENT
In WP(c).No.5134/09, the first petitioner is the
mother and the 2nd petitioner is the daughter. First
petitioner is a Mala-Araya married to a Dheevara.
2. In so far as WP(c).No.5157/09 is concerned, the
petitioner is the son of an inter-caste married couple of
whom the mother is a Mala-Arayan and father is a
Dheevara.
3. In these writ petitions the claim is that they are
entitled to issued community certificates certifying that
they belong to Mala-Araya community, on the basis of the
Government Order dated 20.11.2008, which provides that
such a certificate can be issued subject to the satisfaction
of the conditions in those Government Order.
WP(v).No.5134/09& anor. 2
4. In so far as WP(c).No.5134/09 is concerned, Ext.P7 is
the application made and in so far as WP(c).No.5157/09 is
concerned Ext.P6 is the application made. According to the
petitioner in WP(c).No.5134/09, the certificate issued is Ext.P8
which shows that the community certificate issued is not in
terms of the Government Order referred to above. In so far as
the application made by the petitioner in WP(c).No.5157/09 is
concerned, a certificate has been issued as Ext.P7. Obviously
these certificates are also not in terms of the Government
Order dated 20.11.2008.
5. In order to enable the petitioner to avail the benefit
of reservation, what is required to be issued are certificate as
contemplated in the Government Order and therefore the 3rd
respondent Tahsildar is directed to conduct an enquiry on
Ext.P7application made by the petitioner in WP(c) 5134/09 and
Ext.P6 application made by the petitioner in WP(c).
No.5157/09. This shall be done as expeditiously as possible
and at any rate within 4 weeks from the date of production of
WP(v).No.5134/09& anor. 3
a copy of the judgment.
6. In the meantime, as the last date for making the
application for professional degree course is 26th of this
month, I direct the Tahsildar to issue a provisional certificate
to the petitioners in these writ petitions on the production of
a copy of this judgment. In the certificate to be issued, it shall
be made clear that the certificates are provisional ones and
subject to further orders, depending upon the outcome of
the enquiry to be conducted.
Petitioner shall produce a copy of the judgment before
the Tahsildar for compliance.
(ANTONY DOMINIC)
JUDGE
vi/
WP(v).No.5134/09& anor. 4