LAWS(KER)-2012-8-321

AJAYAKUMAR G Vs. VILLAGE OFFICER

Decided On August 21, 2012
AJAYAKUMAR G Appellant
V/S
TAHSILDAR Respondents

JUDGEMENT

(1.) THE petitioner herein is seeking for a direction for issuance of community certificate showing his community as Hindu-Chakkala. The challenge is against Ext.P7 proceedings of the Village Officer.

(2.) ACTUALLY, the petitioner's contention is that the community, viz. Hindu-Chakkala is entitled for inclusion in the Other Backward Class category and therefore the petitioner is entitled for grant of non-creamy layer certificate.

(3.) LEARNED counsel for the petitioner submits that the petitioner actually belongs to Hindu-Chakkala community and not Hindu-Chakkala Nair community. The petitioner is relying upon the decision of a Division Bench of this Court in Madhavi v. Scrutiny Committee (2004 (3) KLT 967) and that of the Apex Court in Punit Raj v. Dinesh Chaudhary {(2003) 8 SCC 204}. Learned counsel specifically refers to para 27 of the judgment of the Apex Court wherein it is declared as follows: