Siuc latin catholic caste certificate order uploaded by james joseph adhikarathil, kottayam

1. IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941
WP(C).No.33050 OF 2011(E)
PETITIONER:
JOSY ZACHARIAS
S/O.ZACHARIAS
JOJI BHAVAN, OTTAPLAMOODU,
KOTTIYAM P.O.,, KOLLAM-691571.
BY ADVS.
SRI.BINDU P.NAIR
SRI.SHERRY J. THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE TAHSILDAR, KOLLAM- 691001.
3 THE VILLAGE OFFICER
ADICHANALLOOR, KOLLAM- 691311.
BY GOVERNMENT PLEADER SRI. RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-09-
2019, THE COURT ON 08-11-2019 DELIVERED THE FOLLOWING:

2. WP(C).No.33050 OF 2011(E)
2
JUDGMENT
Dated this the 8th
day of November, 2019
Writ petitioner seeks to direct the 2nd
respondent to
issue caste certificate to the petitioner showing that he belongs
to Latin Catholic. The petitioner further seeks to direct the 2nd
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

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3
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.
4. When this writ petition was admitted, this court

4. WP(C).No.33050 OF 2011(E)
4
passed an interim order 19.3.2012 directing the 2nd
respondent
to issue a caste certificate to the petitioner describing the
petitioner as Christian Latin Catholic. This court ordered that
issuance of such caste certificate will be subject to the result of
the writ petitioner and that if the petitioner is found to be not
eligible to a community certificate describing him as Christian
Latin Catholic, all benefits derived by the petitioner on the
strength of the community certificate so issued would be liable
to be cancelled and the petitioner will not be entitled to any
equitable relief under such circumstances.
5. Heard the learned counsel for the petitioner and the
learned Government Pleader Sri. Ron Bastian, representing the
respondents. The learned counsel for the petitioner brought to
my notice a Government Order No. 55/2012/SCSTDD dated
04.04.2012. The said Government Order states that only those
Latin Catholics who were believers prior to 1947 and their
successors alone are entitled to Latin Catholic caste certificate.
On the basis of representations received by the Government
from various quarters the Government has decided that the

5. WP(C).No.33050 OF 2011(E)
5
certificates issued by Bishops stating that the candidate and
his/her father belong to Latin Catholic Community, such
certificates issued by Bishops should be considered as a
material for issuing caste certificate. The Ext.P3 G.O dated
04.11.2010, stands modified to that extent, by the said G.O
dated 04.04.2012.
In view of the subsequent G.O, I find that the 2nd
respondent has to reconsider the application made by the
petitioner. Accordingly, this writ petition is disposed of directing
the 2nd
respondent to consider the application of the petitioner
for correction of his caste particulars taking into consideration
G.O dated 04.04.2012 and other connected G.Os if any. Such
consideration shall be made without regard to Ext.P5 letter of
the Tahsildar. The 2nd
respondent shall take a decision in the
matter within a period of three months.
Sd/-
N. NAGARESH
JUDGE
NR/12.11.2019

6. WP(C).No.33050 OF 2011(E)
6
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXTRACT OF SCHOOL
ADMISSION REGISTER OF THE PETITIONER'S
MOTHER.
EXHIBIT P2 TRUE COPY OF THE SSLC BOOK PERTAINING
TO PETITIONER'S FATHER.
EXHIBIT P3 TRUE COPY OF G.O.(MS)NO.113/2010 DATED
04.11.2010.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
6.9.2011 SUBMITTED BEFORE THE
TAHSILDAR, KOLLAM.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
10.10.2011 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
21.07.2011 IN WP(C)NO.16293/2011.
EXHIBIT P7 TRUE COPY OF THE CLAUSE 259 OF KERALA
VILLAGE MANUAL.
EXHIBIT P8 TRUE COPY OF THE RECOMMENDATION DATED
19.08.2011 ISSUED BY THE 3RD
RESPONDENT.