WP(C).No.23977 of 2018 (V) & WP(C).No.17463 of 2019 (G) - Irene Immanuel & Merine Immanuel v. State of Kerala & Others; Bibin Vincent & Cibin Vincent v. Thasildhar VaiKom & Village Officer Mulakulam, et al.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941** ## **WP(C).No.23977 OF 2018(V)** **- PETITIONERS :** - **1 IRENE IMMANUEL, AGED 28 YEARS, D/O.IMMANUEL DEVASAHAYAM, PUTHANPARAMBIL HOUSE, PURANGU (P.O), PIN - 679 584, PONNANI TALUK, MALAPPURAM DISTRICT.** - **2 MERINE IMMANUEL, AGED 22 YEARS, D/O.IMMANUEL DEVASAHAYAM, PUTHANPARAMBIL HOUSE, PURANGU (P.O), PIN - 679 584, PONNANI TALUK, MALAPPURAM DISTRICT.** **BY ADVS.SRI.JAMSHEED HAFIZ SMT.T.S.SREEKUTTY** ## **- RESPONDENTS :** - **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.** - **2 THE DISTRICT COLLECTOR MALAPPURAM MALAPPURAM DISTRICT, PIN - 676 505.** - **3 THE REVENUE DIVISIONAL OFFICER TIRUR TIRUR (P.O), PIN-676 101, MALAPPURAM DISTRICT.** - **4 THE TAHASILDAR PONNANI, PIN-679 577, PONNANI TALUK, MALAPPURAM DISTRICT.** - **5 THE VILLAGE OFFICER MARANCHERY, PIN-676 121, MARANCHERY VILLAGE, MALAPPURAM DISTRICT.** - **6 THE KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADS), CHEVAYOOR, KOZHIKODE DISTRICT, PIN-673 017.** - *** 7 THE KERALA STATE SCHEDULED CASTE/SCHEDULED TRIBE COMMISSION, AYYANKALI BHAVAN, VELLAMBALAM, TRIVANDRUM - 695 003. [SUBSTITUTED]** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 2 :- *** [R7 SUBSTITUTED WITH DIRECTOR OF BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN, VELLAMBALAM, TRIVANDRUM - 695 003 AS PER ORDER DATED 26/07/2018 IN IA.NO.13530/2018].** ## **BY SMT.RESHMI, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.03.2020, ALONG WITH WP(C).17463/2019(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941** **WP(C).No.17463 OF 2019(G)** ## **- PETITIONERS :** |**1**|**BIBIN VINCENT, AGED 33 YEARS,**| |---|---| ||**S/O. MR. S. VINCENT, BIBIN NIVAS,**| ||**ARUNOOTTIMANGALAM P.O, MULAKULAM VILLAGE,**| ||**VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 604.**| |**2**|**CIBIN VINCENT, S/O. MR. S. VINCENT,**| ||**BIBIN NIVAS, ARUNOOTTIMANGALAM P.O,**| ||**MULAKULAM VILLAGE, VAIKOM TALUK,**| ||**KOTTAYAM DISTRICT, PIN - 686 604**| ||**BY ADV. SRI.ALIAS M.CHERIAN**| ## **- RESPONDENTS :** |**1**|**THE THASILDHAR,**| |---|---| ||**TALUK OFFICE, VAIKOM,**| ||**KOTTAYAM DISTRICT, PIN - 686 141.**| |**2**|**THE VILLAGE OFFICER,**| ||**MULAKULAM VILLAGE, PERUVA P.O,**| ||**KOTTAYAM DISTRICT, PIN - 686 610**| ||**BY SMT. K.M. RESHMI, GP**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.03.2020, ALONG WITH WP(C).23977/2018(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 4 :- ## **JUDGMENT** ## **Dated this the 16th day of March 2020** These writ petitions are filed challenging the communications issued by the jurisdictional Tahsildar rejecting the request for community certificate in respect of the petitioners. It is submitted that the requests for community certificate are rejected on the ground that they have to be obtained from Tamil Nadu, where the petitioners family originally migrated from. 2. Heard the learned counsel for the petitioners and the learned Government Pleader. 3. The learned counsel for the petitioners submits that the petitioners' parents had migrated to Kerala even before the petitioners' birth and that the petitioners were born and brought up in Kerala. It is submitted that they had produced the community certificate issued from their Diocese concerned and also all records to show that they were born in Kerala and were permanently residing here. However, relying on a Government Order dated 8.3.2019, the Tahsildars concerned have rejected the request for community certificate stating that they have no jurisdiction and that the petitioners have to obtain community certificates from the authorities in Tamil Nadu, where their family WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 5 :- originally migrated from. The learned counsel for the petitioners submits that the petitioners being persons belonging to Other Backward Classes, who had migrated from Tamil Nadu to Kerala after the issuance of the Presidential Order, the Government order itself provides for consideration of their claims for community certificate. It is stated that since the community, Latin Catholic, to which the petitioners belonging is an Other Backward Class community both in Tamil Nadu and in Kerala, the respondents are duty bound to issue community certificate to the petitioners so as to enable them to avail the benefits in Kerala as well. 4. The learned Government Pleader submits that the issue stands covered by the Government Order. It is stated that since the petitioners' parents were originally belonged to Tamil Nadu the issue of community certificate can be considered only by the competent authority at the place where the petitioners' parents were originally resided in Tamil Nadu. Reliance is also placed on a Full Bench decision of the Bombay High Court in **Rajendra Shivram Thakur** v. **State of Maharashtra** [2019 (4) KLT SN 20]. 5. I have considered the contentions advanced. The relevant directions in the Government Order referred to and which is relied on by the learned Government Pleader read as follows :- WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 6 :- “A person belonging to Other Backward Classes, who have migrated from one State to another for the purpose of employment, education etc., after the issue of Presidential Order, he will be required to obtain a certificate from the competent authority of the migrated state on the basis of a genuine certificate issued to his father by the prescribed authority of the State of his father's origin except where the prescribed authority feels that a detailed enquiry is necessary through the State of origin before issuing the certificate. The certificate shall be issued irrespective of whether the Other Backward Class candidate in question is included in the list of Other Backward Classes pertaining to the State to which the person has migrated. In order to prevent the person from misusing such certificate, it should be specified in the certificate that the certificate is issued to enable the person to derive benefits/concessions available to him in the State of Origin and the Union Government and not from the migrated State.” A reading of this clause of the Government Order would make it perfectly clear that in case of a person whose family has migrated after the Presidential Order, the certificate is to be issued by the competent authority in the migrated State on the basis of a certificate issued to the father of the candidate concerned by the competent authority in the State of origin. In case there is no dispute as to the genuity of the father's certificate, the competent authority in the migrated State is enabled to issue the certificate, taking note of the community to which the candidate belongs. The WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 7 :- further provision can only mean that in case the candidate's community is not included in Other Backward Classes in the migrated State, it should be specifically stated in the certificate that the certificate is issued to avail benefits in the State of origin or the Union Government. However, in a case where the community is included in Other Backward Classes in both the State of origin as well as in the State of migration, it is obvious that a certificate can be issued by the competent authority in the migrated State for availing the benefits in the migrated State as well. The decision of the Full Bench of the Bombay High Court is issued under totally different provisions contained in the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 and in view of the specific provisions contained in the Government Order, the same has no application in the instant case. In the above view of the matter, I am of the opinion that since the petitioners were admittedly born and brought up in Kerala and since the Other Backward Class to which they belong is included in the list of Other Backward Classes both in the State of origin as well as in the migrated State, the competent authority with regard to the place of birth and residence of the petitioners would have the jurisdiction to consider the issuance of community WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 8 :- certificate to the petitioners. The impugned orders are therefore set aside. There will be a direction to the competent authority to consider the applications preferred by the petitioners for issuance of community certificate, taking note of the documents produced by the petitioners. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. These writ petitions are ordered accordingly. **Sd/ANU SIVARAMAN JUDGE** Jvt/20.3.2020 The words ' **Latin Catholic'** occurring in the 6[th] line in Page No.5 of the Judgment dated 16.03.2020 in W.P.(C) No.23977/2018 and W.P.(C) No.17463/2019 will stand corrected as **'SIUC Christian Nadar'** as per order dated 19.01.2021 in I.A. No.1/2020 in W.P.(C) No.23977/2018. Sd/- ## **DEPUTY REGISTRAR** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 9 :- ## **APPENDIX OF WP(C) 23977/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 : A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER DATED 29-4-2014. EXHIBIT P2 : A TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE VILAVANCODE TALUK OFFICE, IN THE STATE OF TAMIL NADU DATED 30-6-2013.** **EXHIBIT P3 : A TRUE COPY OF THE ENQUIRY REPORT OF THE VILLAGE ADMINISTRATIVE OFFICER, PALOOR DATED 18-12-2013.** **EXHIBIT P4 : A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER VILAVANCODE TO THE TAHASILDAR PONANNI DATED 10-11-2011. EXHIBIT P5 : A TRUE COPY OF THE CENTRAL LIST OF OBC'S FOR THE STATE OF KERALA.** **EXHIBIT P5(a) : A TRUE COPY OF THE STATE LIST OF OBC'S FOR THE STATE OF KERALA. EXHIBIT P6 : A TRUE COPY OF THE RESIDENTIAL CERTIFICATE OF THE FATHER OF THE PETITIONERS DATED 4-10-2007. EXHIBIT P7 : A TRUE COPY OF THE ENQUIRY REPORT OF THE VILLAGE OFFICER MUTTAMBALAM TO MARANCHERY VILLAGE OFFICER DATED 18-12-2013. EXHIBIT P8 : A TRUE COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 4-2-2015. EXHIBIT P9 : A TRUE COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 8-7-2015. EXHIBIT P10 : A TRUE COPY OF THE ORDER OF REJECTION ISSUED BY THE TAHASILDAR PONNANI DATED 14-2-2017. EXHIBIT P11 : A TRUE COPY OF THE INTIMATION BY THE 1ST RESPONDENT DATED 21-3-2016 EXHIBIT P12 : A TRUE COPY OF THE INTIMATION BY THE 4TH RESPONDENT DATED 27-7-2016. EXHIBIT P13 : A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 19-5-2017.** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 10 :- **EXHIBIT P14 : A TRUE COPY OF THE ORDER OF THE 7TH RESPONDENT DATED 25-11-2017.** **EXHIBIT P15 : A TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHURCH OF SOUTH INDIA KANYAKUMARI DIOCESE DATED 9-2-2015.** - **EXHIBIT P16 : A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER HEREIN BEFORE THE 1ST RESPONDENT DATED 8-11-2017.** - **EXHIBIT P17 : A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER HEREIN BEFORE THE 1ST RESPONDENT DATED 8-11-2017.** - **EXHIBIT P18 : A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER HEREIN BEFORE THE LAW MINISTER DATED 8-11-2017.** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 11 :- ## **APPENDIX OF WP(C) 17463/2019** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF CERTIFICATE ISSUED BY DIOCESE OF KUZHITHURAI DATED 17.06.2019.** **EXHIBIT P2 TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE BEARING NO. 48379 DATED 24.09.2071 OF GNANAPRAKASHI. EXHIBIT P3 TRUE COPY OF SALE DEED NO. 508/1988 DATED 27.02.1988.** - **EXHIBIT P4 TRUE COPY OF BASIC TAX RECEIPT DATED 27.03.2018 ISSUED BY THE VILLAGE OFFICER,MULAKKULAM.** - **EXHIBIT P5 TRUE COPY OF THE ELECTORAL CARD OF VINCENT BEARING NO. KL/13/095/19236716.** - **EXHIBIT P6 TRUE COPY OF ELECTORAL CARD OF BEARING NO. KL/13/095/192366 OF JNANAPRAKASHI.** - **EXHIBIT P7 TRUE COPY OF ADHAR CARD BEARING NO. 34399947106 OF JNANAPRAKASHI.** - **EXHIBIT P8 TRUE COPY OF RATION CARD NO. 1525029877 IN THE NAME OF VINCENT.** **EXHIBIT P9 TRUE COPY OF RATION CARD NO. 1525029877 DATED 24.12.2008 IN THE NAME OF VINCENT. EXHIBIT P10 TRUE COPY OF RATION CARD NO. 1525029877 DATED 15.03.2017 IN THE NAME OF JNANAPRAKASHI VINCENT. EXHIBIT P11 TRUE COPY OF CERTIFICATE DATED 20.50.2019 ISSUED BY THE DIOCESE OF KUZHITHURAI TO 1ST PETITIONER. EXHIBIT P12 TRUE COPY BIRTH CERTIFICATE DATED 30.10.2003 OF 1ST PETITIONER. EXHIBIT P13 TRUE COPY OF BAPTISM CERTIFICATE DATED 10.05.1989 OF 1ST PETITIONER. EXHIBIT P14 TRUE COPY OF CERTIFICATE DATED 28.05.2001 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION TO THE 1ST PETITIONER.** WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 12 :- - **EXHIBIT P15 TRUE COPY OF ADHAR CARD NO. 714546184240 OF 1ST PETITIONER.** - **EXHIBIT P16 TRUE COPY OF ELECTORAL CARD NO. GGL1501071 OF 1ST PETITIONER.** - **EXHIBIT P17 TRUE COPY OF CERTIFICATE DATED 20.05.2019 ISSUED BY THE DIOCESE OF KUZHITHURAI TO 2ND PETITIONER.** - **EXHIBIT P18 TRUE COPY OF BIRTH CERTIFICATE DATED 08.06.2001 OF 2ND PETITIONER ISSUED BY PADMANABHAPURAM MUNICIPALITY.** - **EXHIBIT P19 TRUE COPY OF THE BAPTISM CERTIFICATE DATED 26.06.1999 OF 2ND PETITIONER.** - **EXHIBIT P20 TRUE COPY OF THE CERTIFICATE DATED 27.05.2008 OF SECONDARY SCHOOL EXAMINATION ISSUED BY CBSE TO THE 2ND PETITIONER.** - **EXHIBIT P21 TRUE COPY OF ELECTORAL CARD BEARING NO. AUM0160366 ISSUED TO 2ND PETITIIONER.** - **EXHIBIT P22 TRUE COPY OF ELECTORAL CARD BEARING NO. AUMO160366 ISSUED TO 2ND PETITIONER.** - **EXHIBIT P23 TRUE COPY OF APPLICATION DATED 24.05.1999 SUBMITTED BY THE 1ST PETITIONER.** - **EXHIBIT P24 TRUE COPY OF APPLICATION DATED 24.05.1999 SUBMITTED BY THE 2ND PETITIONER.** - **EXHIBIT P25 TRUE COPY OF LETTER DATED 25.05.2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P26 TRUE COPY OF COMBINED APPLICATION DATED 22.06.2019 TO THE 1ST RESPONDENT BY THE PETITIONERS.** //TRUE COPY// P.A. TO JUDGE WP(C).No.23977 OF 2018(V) & WP(C).No.17463 OF 2019(G) -: 13 :-