Dani Dius Fernandes v. State of Kerala
Case brief
What is this about?
Hon'ble High Court of Kerala rejected interim prayer and closed writ petition challenging denial of Scheduled Tribe status certificate to petitioners. Petitioners admitted alternative remedy under Act 11 of 1996, leading to disposal.
What did the court decide?
Interim prayer rejected, writ petition closed due to existence of alternative remedy under Act 11 of 1996.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937
WP(C).No. 12879 of 2009 (D)
PETITIONERS :
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1. DANI DIUS FERNANDES, S/O. ANIMMA VARGHESE, AGED 23 YEARS, T.C. 17/2426, THYCAUD, JAGATHY, THIRUVANANTHAPURAM.
2. EBY DIUS KANDACHAMKULAM, S/O. ANIAMMA VARGHESE, AGED 15 YEARS, T.C17/2426 THYCAUD, JAGATHY, TRIVANDRUM.
3. MANU DIUS KANDACHAMKULM, S/O. ANIAMMA VARGHESE, AGED 14 YEARS, T.C17/2426 THYCAUD, JAGATHY, THIRUVANANTHAPURAM. PETITIONERS 2 AND 3 REP. BY THEIR MOTHER ANIMMA VARGHESE, W/O. LATE DIUS FERNANDES, AGED 53 YEARS, SELECTION GRADE
BY ADV. SRI.MILLU DANDAPANI
Issues for consideration
2 issues framed by the court
Whether to grant interim order or continue writ petition challenging non-issuance of Scheduled Tribe certificate based on anthropological investigation.
Whether petitioners have alternative remedy under Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996.
Parties & counsel
- petitioner
Dani Dius Fernandes
- petitioner
Eby Dius Kandachamkulam
- petitioner
Manu Dius Kandachamkulm
- other
Animma Varghese
- respondent
State of Kerala
- respondent
Case details
As recorded by the court registry
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