IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21917 of 2008(H)
1. VIPUN VIJAY, S/O.VIJAYAN.H, LATHALAYAM,
... Petitioner
Vs
1. THE TAHSILDAR, VYTHIRI TALUK,
... Respondent
2. THE VILLAGE OFFICER, VELLARIMALA VILLAGE
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :23/07/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.21917 of 2008
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Dated this the 23rd day of July, 2008
J U D G M E N T
The petitioner’s forefathers migrated from Karnataka State
and settled down at Vellarimala in Wynad District. Their caste at
Karnataka was known as “Poojari” The petitioner’s mother is a
native of Kerala belonging to “Thiyya” caste. In the SSLC book of
the petitioner, no caste is shown. Now the petitioner has been
directed to produce a caste certificate for joining the military
service. However, the application for community certificate filed
before the 1st respondent was rejected on the ground that since
there is no caste by name, “Hindu-Poojari” among the list of
communities of Kerala State, no such certificate can be issued.
The petitioner, therefore, seeks the following reliefs:
“(a) issue a writ of certiorari or other appropriate writ, order or
direction calling for the records of the case and to quash the
original of Ext.P6.
(b) issue a writ of mandamus or other appropriate writ, order or
direction to the respondents directing them to issue a certificate
indicating his caste status.”
2. Perhaps for the purpose of employment in the State of
Kerala, the petitioner may not be eligible for a caste certificate
w.p.c.21917/08 2
showing the caste as “Hindu-Poojari”. But when an authority
insists that the petitioner should produce a caste certificate for
the purpose of getting employment, the petitioner cannot be
without any remedy, in view of the peculiar circumstances he is
in. Therefore, I am of opinion that the respondents should
conduct necessary enquiries in the matter and give a certificate
showing the present caste status of the petitioner. If the
respondents are satisfied that the petitioner’s forefathers are
belonging to the caste of “Hindu-Poojari” in Karnataka, and his
father is also of that caste, since the father’s caste follows son,
the 1st respondent shall issue a caste certificate showing that the
petitioner’s caste is “Hindu-Poojari” of Karnataka State. This shall
be done within three weeks from the date of receipt of a certified
copy of this judgment. If a certified copy of this judgment is
produced before the authority before whom the petitioner has to
produce the caste certificate, that authority shall give the
petitioner one month’s time to produce the caste certificate.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.21917/08 3