LAWS(KAR)-2013-9-137

N. RATHNA Vs. DISTRICT CASTE VERIFICATION COMMITTEE AND DISTRICT SOCIAL WELFARE OFFICER AND THE TASHILDAR BANGALORE NORTH TALUK, K.G. ROAD

Decided On September 16, 2013
N. Rathna Appellant
V/S
District Caste Verification Committee And District Social Welfare Officer And The Tashildar Bangalore North Taluk, K.G. Road Respondents

JUDGEMENT

(1.) THE petitioner is before this Court assailing the endorsement dated 02.06.2011 at Annexure -G to the petition. The petitioner is also seeking for issue of mandamus to direct the respondents to consider the case of the petitioner and issue caste certificate of the petitioner as 'Jenu Kuruba' in terms of the caste certificate earlier issued by the Tahsildar, Malavalli Taluk, Mandya District as at Annexure -G. The petitioner who is stated to be employed has presently sought for a fresh caste certificate to be issued in her favour. The Tahsildar has issued the impugned endorsement dated 02.06.2011 requiring the petitioner to produce two documents which are stated therein. The petitioner has explained certain circumstances under which she is unable to produce the said documents.

(2.) IN that regard, the petitioner relying on the documents at Annexures -A to C would contend that at an earlier point of time, the caste certificate has been issued in favour of the petitioner and her father and the same has been verified to be correct. In that regard, the petitioner contends that she is entitled for issue of caste certificate.

(3.) BE that as it may, since at this juncture, it is noticed that the Tahsildar in fact has neither accepted the request of the petitioner nor declined the request of the petitioner to issue the caste certificate, but has only sought for producing the documents, the other aspects of the matter need not be gone into in the instant petition. However it is to be clarified that when the petitioner has difficulty in producing the documents which have been sought for an appropriate explanation be made to the Tahsildar indicating the reasons, so as to enable the Tahsildar to consider the same.