Amoolya P.M. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 17353 of 2009 (L) --------------------------------------- PETITIONER(S):

----------------------- AMOOLYA P.M., D/O.YESODHA, PARAPPIL MEETHAL HOUSE, VELOM PERUVAYAL P.O., KUTTIADY VIA, KOZHIKODE DISTRICT.

BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.

2. DISTRICT COLLECTOR, KOZHIKODE.

3. TAHSILDAR, VADAKARA TALUK, VADAKARA.

4. VILLAGE OFFICER, VELAM, POST VELAM PERUVAYAL, KUTTIADY VIA, KOZHIKODE DIST.

5. THE PRINCIPAL, GOVERNMENT COLLEGE MADAPPALLY, VADAKARA - 2, KOZHIKODE DIST.

BY GOVERNMENT PLEADER SRI.C.K.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 17353 of 2009 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE SSLC MARK LIST OF THE PETITIONER. EXT.P2: TRUE COPY OF THE MARK LIST DTD.15.5.2008 PERTAINING TO THE PETITIONER FOR HIGHER SECONDARY EXAMINATION.

EXT.P3: TRUE COPY OF THE APPLICATION FOR ISSUANCE OF CASTE CERTIFICATE FILED BY THE PETITIONER.

EXT.P4: TRUE COPY OF THE APPLICATION DTD.21.5.2008 FILED BY THE PETITIONER BEFORE THE VILLAGE OFFICER.

EXT.P5: TRUE COPY OF THE ENDORSEMENT DTD.21.5.2008. EXT.P6: TRUE COPY OF THE INTERVIEW CARD ISSUED FROM MALABAR CHRISTIAN COLLEGE, CALICUT.

EXT.P7: TRUE COPY OF THE INTERVIEW CARD ISSUED FROM MALABAR CHRISTIAN COLLEGE, CALICUT.

EXT.P8: TRUE COPY OF G.O.(MS)NO.109/2008 DTD.20.11.2008. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 17353 of 2009 (L) ------------------------------------------ Dated this the 28th day of July, 2015

J U D G M E N T

The petitioner admittedly is the daughter of one Yasodha, who belongs to the Scheduled Caste - Pulaya community. The mother of the petitioner had brought up the petitioner and two other children, born in the wedlock to one Sasi, whose caste is not known and whose whereabouts are also not known. The petitioner, in fact, was brought up by the mother, who belongs to a Scheduled Caste community.

2.

In such circumstance, Ext.P8 Government Order would be applicable to the case of the petitioner. The petitioner shall, hence, be considered to be a Scheduled Caste community candidate and necessary certificate shall also be issued.

Writ petition is allowed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj