JOSY ZACHARIAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petitioner seeks to direct the 2 nd respondent to issue caste certificate to the petitioner showing that he belongs to Latin Catholic. The petitioner further seeks to direct the 2 nd respondent to reconsider Ext.P4 in the light of the documents attached along with the same and in the light of Exts. P1 to P3 and to issue community certificate to the petitioner within a time frame fixed by this court.

(2.) The petitioner's father Sri.Zacharias P, belongs to L.C Vedar caste as is evidenced by Ext.P2 SSLC book extracts. The petitioner's mother is a converted Christian Vetan. This is evident from Ext.P1 extract of admission register of Govt.H.S.Kadakkal. The 1st respondent has issued Ext.P3 G.O dated 04.11.2010 which states that only those persons who were believers in Latin Catholic System prior to 1947 and their successors alone are eligible to get caste certificate as Latin Catholics. Ext.P3 G.O further states that when revenue officers issue caste certificates in respect of Latin Catholics, the name of the caste 'Latin Catholic' alone need be given and any description of sub caste should not be certified.

(3.) The petitioner submitted Ext.P4 application to the Tahsildar, Kollam, stating that in his SSLC book his caste is shown as Christian Vedar wrongly and he requested the Tahsildar to take steps to publish a gazette notification for correction of the caste of the petitioner. To Ext.P4 application, the Tahsildar issued Ext.P5 reply stating that advise has been sought for on the application of the petitioner for correction of SSLC book, from Director of Scheduled Caste Development Department and the Director of KIRTADS. The application of the petitioner will be considered and decided after receiving their advise. The petitioner seeks to reconsider Ext.P4 in the light of Exts.P1 to P3 and seeks issuance of community certificate to the petitioner within a time frame.