IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5491 of 2009(F)
1. VAMAKSHI.K, THEKKE ATTATHU VEEDU,
... Petitioner
Vs
1. THE TAHSILDAR, KARUNAGAPPALLY.
... Respondent
2. THE VILLAGE OFFICER,
For Petitioner :SRI.D.KISHORE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 5491 OF 2009 (F)
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Dated this the 19th day of February, 2009
J U D G M E N T
Petitioner’s grand son, going by the averments in the writ petition
itself, is a permanent resident of Bangalore along with his mother, and his
father is employed in the Middle East. According to the petitioner, her
grand son intends to apply for a Professional Degree Course in Kerala. It
is stated that he has to have a community certificate and that the same
has to be endorsed on Ext.P2 application.
2. Counsel for the petitioner invites my attention to Ext.P4, a
community certificate issued by the Tahsildar, Karunagappally indicating
that Sri.Sivaprasad Kabith is a Hindu-Ezhava, which is included in the list of
Other Backward Community. In view of the fact that the Tahsildar has
issued Ext.P4, it is only appropriate that the 2nd respondent endorses
Ext.P4 on Ext.P2, the application specified for admission to Professional
Degree Courses 2009.
3. However, learned counsel for the petitioner complains that the
2nd respondent has refused to issue an income certificate as per Ext.P5. A
reading of Ext.P5 shows that the reason for declining the certificate is that
the petitioner’s grandson or his parents are not residents of the Village
WPC 5491/09
:2 :
concerned for the last more than 20 years. The correctness of this factual
statement is not in dispute. If that be so, I am in perfect agreement with
the 2nd respondent that he is incompetent to issue the income certificate as
demanded of him. Therefore, Ext.P5 cannot be faulted.
4. In the circumstances, the writ petition is disposed of directing
the 2nd respondent to endorse the community status of Sri.Sivaprasad
Kabith as certified in Ext.P4, on Ext.P2 application. This shall be done as
expeditiously as possible.
5. Needless to say that in so far as the income certificate is
concerned, it is for the petitioner’s grandson to seek the same from the
competent Village Officer.
Petitioner may produce a copy of this judgment before the 2nd
respondent, who shall forthwith comply with the above direction.
ANTONY DOMINIC, JUDGE
Rp