Disposed

Usha Perinkatath v. Tahasildar, Thalassery Taluk

Kerala HC13 Nov 2013WP(C)/11104/2013

Case brief

AI extract

What is this about?

The High Court directed the fourth respondent (Scrutiny Committee) to finalize proceedings regarding the petitioner's caste status within six weeks, granting the petitioner an opportunity to be heard, after reviewing interim relief from earlier proceedings.

What did the court decide?

Direction to the Scrutiny Committee to finalize proceedings within six weeks; no interim district court relief is fixed in this final order.

Usha Perinkatath Vs Tahasildar, Thalassery Taluk — Caste Atrocities | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

WEDNESDAY, THE 13TH DAY OF NOVEMBER 2013/22ND KARTHIKA, 1935

¶5

WP(C).No. 11104 of 2013 (K)

¶6

PETITIONER(S):

¶7

USHA PERINKATATH, AGED 35 YEARS, W/O.VINOY K.P., 215, VELIYANGODE HOUSE, KARUVALLI, THILLANKERI P.O., MATTANNOOR (VIA) KANNUR - 670 702.

¶8

BY ADVS.SRI.P.SANTHOSH KUMAR (TR) SRI.T.P.SAJAN

¶9

RESPONDENT(S):

¶10

1. TAHASILDAR, THALASSERY TALUK,

¶11

THALASSERY, KANNUR DISTRICT - 670 101.

¶12

2. VILLAGE OFFICER, THILLANKERI, P.O.THILLANKERI - 670 702.

¶13

3. DIRECTOR, KIRTHADS, CHEVAYOOR P.O., KOZHIKODE,

¶14

PIN - 673 017.

¶15

4. CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES OF SCHEDULE CASTE AND

¶16

SCHEDULE TRIBES, GOVERNMENT SECRETARIAT,

¶17

THIRUVANANTHAPURAMPIN - 695 001.

¶18

BY SPECIAL GOVERNMENT PLEADER P.K.SANTHAMMA

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

¶21

WP(C).No. 11104 of 2013 (K)

¶22

APPENDIX

¶23

PETITIONER(S)' EXHIBITS

¶24

EXT.P-1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER

¶25

EXT.P-2 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 17.4.1997 SHOWING THE COMMUNITY AS HINDU ADIYAN ISSUED BY THE FIRST RESPONDENT

¶26

EXT.P-3 TRUE COPY OF THE INTERIM ORDER DATED 2.9.2008 IN WRIT PETITION (C) NO.26452/2008

¶27

EXT.P-4 TRUE COPY OF THE COMMUNITY CERTIFICATE VIDE REFERENCE DA.21211/08/D1 DATED 6.9.2008 SHOWING THE COMMUNITY AS HINDU ADIYAN ISSUED BY THE FIRST RESPONDENT

¶28

EXT.P-5 TRUE COPY OF THE COMMUNITY CERTIFICATE VIDE REFERENCE 21211/08/D1 DATED 18.9.2010 SHOWING THE COMMUNITY AS HINDU ADIYAN ISSUED BY THE FIRST RESPONDENT.

¶29

EXT.P-6 TRUE COPY OF THE JUDGEMENT DATED 10.2.2012 IN WRIT PETITION (C) NO.26452/2008

¶30

EXT.P-7 TRUE COPY OF THE CALL LETTER VIDE REF.NO.A2/11618/2011/DMO (H) DATED NIL.

¶31

EXT.P-8 TRUE COPY OF THE HARD COPY OF THE ONLINE APPLICATION DATED 4.4.2013 SUBMITTED BY THE PETITIONER

¶32

EXT.P-9 TRUE COPY OF THE SWORN STATEMENT DATED 5.4.2013 RECORDED BY THE VILLAGE OFFICER, THILLANKERY.

¶33

RESPONDENT(S)' EXHIBITS

¶34

EXT.R4(A): TRUE COPY OF THE KIRTADS REPORT.

/ TRUE COPY /

P.S. TO JUDGE

P.R.RAMACHANDRA MENON, J.

¶39

¶40

W.P.(c) No.11104 OF 2013

¶41

¶42

Dated this the 13^th day of November, 2013

¶43

JUDGMENT

¶44

The petitioner has approached this Court with the following

¶45

prayers :

¶46

“1. to call for the records leading to the rejection of the application for caste certificate ( HinduAdiyan) schedule tribe and issue a writ of certiorari or any other appropriate writ, order or direction quashing the order of the first respondent rejecting the application for caste certificate ( Hindu-Adiyan) schedule tribe.

¶47

2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent to issue caste certificate showing the petitioner's caste as (Adiyan) schedule tribe.

¶48

3. To declare that the petitioner is entitled to be issued with provisional caste certificate ( HinduAdiyan) schedule tribe, pending final determination of the caste status by the fourth respondent Scrutiny committee.

¶49

4. Issue a writ of mandamus or any other appropriate writ,order or direction commanding the fourth respondent to determine the caste status of the

¶50

W.P.(C)No.11104/2013 2

¶51

petitioner by taking a final decision in the explanation submitted by the petitioner within a time frame stipulated by this Hon'ble Court.

¶52

5. To issue such other appropriate reliefs as

¶53

deem fit and just in the circumstances of the case.”

¶54

When the matter came up for consideration on 19.04.2013,

¶55

the following order came to be passed :

¶56

“Heard. Admit.

¶57

Government Pleader takes notice for R1 to R4. Petitioner produced Ext.P6 order of this court in an earlier proceedings filed by the same petitioner as W.P.(C) No.26452/2008 for similar purpose and this court by Ext.P3 order, granted interim direction, directing the 4^th respondent Tahsildar, Thalassery Taluk, Thalassery, Kannur District, in that proceedings to issue provisional Community Certificate to the petitioner showing her as a Hindu Adiyan Community, which is a Scheduled Tribe recognised in State of Kerala, within one week of production of the order of this court. If the same is produced within three weeks, for the purpose of producing the same before the interview board, for which the petitioner has been called upon. It is also seen from the documents produced, namely, Ext.P6, that writ petition was disposed of, reserving the right of the petitioner to challenge the further proceedings in respect of the

¶58

W.P.(C)No.11104/2013

¶59

¶60

community status of the petitioner found by the KIRTADS and by the Scrutiny Committee. Counsel for the petitioner submitted that so far no orders have been passed by the Scrutiny Committee. So considering the circumstances, I feel that a direction given as in Ext.P3 can be given for the time being, directing the first respondent to issue a Provisional Community Certificate to the petitioner, showing her community status as Hindu Adiyan Community for the purpose of producing the same before DMO, Wayanad in connection with an interview to be attended by the petitioner. It is made clear that ultimately it is found by the Statutory Authorities that the petitioner is not entitled to get the status of a scheduled caste, then she will not be entitled to continue in the post or other benefits obtained on the basis of this provisional certificate issued. The Tahsildar is directed to issue the certificate within two days from the date of production of the order of this court before him by the petitioner. For getting instructions and filing counter by the respondent, post the case on 20.05.2013.”

¶61

The fourth respondent has filed a counter affidavit as

¶62

to the facts and figures with regard to the eligibility of the

¶63

petitioner to have community certificate and as to the proceedings pending consideration before the fourth

¶64

W.P.(C)No.11104/2013

¶65

¶66

respondent/Scrutiny committee.

¶67

During the course of hearing, it is brought to the notice of

¶68

this Court that a show cause notice has already been issued to the petitioner in furtherance to the report submitted by the investigating officer of the KIRTADS vide Ext.R4(a) and the petitioner has already submitted explanation as well. This Court finds that the proceedings have to be finalised by the fourth respondent.

¶69

In the above circumstances, there will be a direction to the fourth respondent to finalise the proceedings forming the subject matter of Ext.R4(a) after considering the explanation submitted by the petitioner and after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

¶70

Writ petition is disposed of.

¶71

P.R.RAMACHANDRA MENON JUDGE

¶72

sv.

¶73

W.P.(C)No.11104/2013 5

Usha Perinkatath v. Tahasildar, Thalassery Taluk

Case brief

What is this about?

What did the court decide?

Usha Perinkatath v. Tahasildar, Thalassery Taluk

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S.Sowil Ltd. through Its Secretary Vs Mr.Prabhakaran P.K.

Santhakumari Amma Vs Alex Joseph

Jidheesh Joshi Vs Central Board of Secondary Education

Sainaba Vs State of Kerala

T.R.Sivasankaran Vs the Banking Ombudsman

Salim K.M. Vs District Collector, Trichur