Disposed

Veliyathunadu Harijan Colony Samrakshana v. the Commissioner & Others

Kerala HC19 May 2010WP(C)/12038/2009

Case brief

AI extract

What is this about?

Directs the Principal Secretary, SC/ST Department to consider a representation (Ext.P6) filed with the Speaker as one addressed to the Government, affording the petitioner an opportunity of being heard within three months.

What did the court decide?

Directed the 2nd respondent to consider Ext.P6 and pass appropriate orders within three months after affording the petitioner an opportunity of being heard.

Veliyathunadu Harijan Colony… — Constitutional and Fundamental Rights | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932

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WP(C).No. 12038 of 2009(Y) --------------------------------------

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PETITIONER:

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-------------------

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VELIYATHUNADU HARIJAN COLONY SAMRAKSHANA SAMITHY, REPRESENTED BY ITS CONVENOR,K.SUDHI, U.C.COLLEGE P.O., V.H COLONY,ERNAKULAM.

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BY ADV. SMT.P.K.SANTHAMMA.

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RESPONDENTS:

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------------------------

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1. THE COMMISSIONER, LAND REVENUECOMMISSIONERATE, GOVERNMENT SECRETRIAT, THIRUVANANTAHPURAM-1.

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2. THE PRINCIPAL SECRETARY, SC/ST -DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETRIAT,THIRUVANANTAHPURAM-1

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3. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KOCHI-31.

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4. THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER,CIVIL STATION, ERNAKULAM,KOCHI-31.

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5. THE INSPECTOR GENERAL, REGISTRATION DEPARTMENT,THIRUVANANTAHPURAM.

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6. SAROJINI, PURATHOOT HOUSE, H.NO.1/567,E.W.KADUNGALLORE, KAINIKULAM, MUPPATHADAM P.O., ALUVA.

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7. AJAY, S/O.CHEERAN PAUL,CHEERAN HOUSE, HOUSE NO.34, THOTTAKKATTUKARA P.O.,ALUVA.

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8. MEERA, W/O.CHEERAN PAUL, CHEERAN HOUSE,HOUSE NO.34, THOTTAKKATTUKARA P.O.,ALUVA.

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R1 TO R5 BY GOVT. PLEADER SRI. P. NARAYANAN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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S. SIRI JAGAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 12038 of 2009

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- - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 19^th day of May, 2010

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J U D G M E N T

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The petitioner claims to be an organization established

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for the welfare of Scheduled Caste and Scheduled Tribe members in the State of Kerala. They have voiced a grievance that the people other than Scheduled Caste/Scheduled Tribe members are exploiting the ignorance and poverty of the Scheduled Caste/Scheduled Tribe members in appropriating land assigned to them, for paltry amounts, which has to be prevented by legislation. According to them unless by legislation such transfers are declared as void such exploitation cannot be prevented. The petitioners now want the Government to take appropriate steps in the matter to ensure that Scheduled Caste/Scheduled Tribe members are not exploited by others. In this respect the petitioner has filed Ext.P6 representation before the Government. They now seek a

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W.P.(C)No. 12038 of 2010

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-2-

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direction to the Government to consider and pass orders on the same. The learned Government Pleader points out that Ext.P6 is addressed to the Speaker of the Legislative Assembly and not to the Government. Having considered the arguments of both sides, I am of opinion that Ext.P6 as available in this writ petition can be considered by the Government as one filed before them. Accordingly I direct the 2^nd respondent to consider Ext.P6 and pass appropriate orders thereon in accordance with law after affording an opportunity of being heard to the petitioner as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment.

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The petitioner shall furnish a copy of this writ petition along with a certified copy of this judgment to the 2^nd respondent for compliance.

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The writ petition is disposed of as above.

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S. SIRI JAGAN JUDGE

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shg/

Veliyathunadu Harijan Colony Samrakshana v. the Commissioner & Others

Case brief

What is this about?

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Veliyathunadu Harijan Colony Samrakshana v. the Commissioner & Others

Case brief

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