The petitioner challenged an order declining a community certificate. The court disposed of the petition allowing the petitioner to approach KIRTA DS within one month to seek a final decision.
Petitioner permitted to approach KIRTA DS by filing a representation within one month.
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 A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936
WP(C). No. 4292 of 2012 (J)
PETITIONER(S):
ARUN K.PAVITHRAN, S/O.RAJINA P., AGED 17 YEARS (MINOR) PAZHAMKAVIL HOUSE, KARUVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT REP. BY MOTHER AND GUARDIAN RAJINA P., D/O.RAGHAVAN P., AGED 41 YEARS, PAZHAMKAVIL HOUSE, KARUVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT.
BY ADV. SRI.V.A.SATHEESH
RESPONDENT(S):
1. TAHSILDAR, TALIPARAMBA TALIPARAMBA P.O., KANNUR DISTRICT - 670141.
2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-1.
R1 BY SPECIAL GOVERNMENT PLEADER (SC/ST) SMT. P. K. SANTHAMMA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 4292 of 2012 (J)
APPENDIX
PETITIONER(S) EXHIBITS:-
| EXT.P1 | TRUE COPY OF THE MEMBERSHIP RECEIPT ISSUED TO THE PETITIONER DATED 9/2/2012. |
|---|---|
| EXT.P2 | TRUE COPY OF THE EXTRACT OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER. |
| EXT.P3 | TRUE COPY OF THE OLD RATION CARD ISSUED TO THE MATERNAL GRAND FATHER OF THE PETITIONER. |
| EXT.P4 | TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER BY THE IST RESPONDENT DATED 8/6/2010. |
| EXT.P5 | TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, VELLAD DATED 2/2/2012. |
| EXT.P6 | TRUE COPY OF THE ORDER DATED 13/2/2012 ISSUED BY IST RESPONDENT TO THE PETITIONER. |
| EXT.P7 | TRUE COPY OF THE G.O.(M.S.)NO.109/2008/SCSTDD DATED 20/11/2008. |
RESPONDENTS' EXHIBITS:- NIL
KRJ
/True Copy/
P.A to Judge
A.V.RAMAKRISHNA PILLAI, J.
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= = = = = = = = = = = = = = = = = =
Dated this the 13th day of February, 2015
JUDGMENT
Ext.P6 order by which the first respondent had declined to
issue community certificate to the petitioner is under challenge.
of filing of the writ petition. The petitioner alleges that he was born in a wedlock of intercaste marriage. According to him, his mother belonged to Hindu Vannan community and his father belonged to Thiyya community. He points out that Hindu Vannan community is a scheduled caste and he was born and brought up in his mother's house at Vallad amsom. The petitioner further alleges that he was following the customary rites of Hindu Vannan community.
petition, the petitioner has approached the first respondent for issuing
community certificate. The first respondent conducted an enquiry
-:2:-
WP(C)4292/12
and issued Ext.P4 certificate showing that the petitioner is belonging to Hindu Vannan community; it is alleged.
first respondent to issue a community certificate to the petitioner
WP(C)4292/12 -:3:-
certifying that the petitioner belonged to Hindu Vannan schedule caste community. It was made clear that the same shall be subject to the result of the writ petition. It was stated in the order that if ultimately the writ petition is dismissed, the petitioner would not be entitled to retain any of the benefits obtained by the petitioner on the strength of the community certificate so issued and the petitioner shall not plead any equity in the matter.
Therefore, the writ petition is disposed of permitting the petitioner to approach KIRTADS by filing a representation within a
WP(C)4292/12
-:4:-
period of one month from today. In the event of filing sch representation within the above period, the KIRTADS shall consider
the same after affording the petitioner an opportunity of being heard
and final decision shall be taken within two months thereafter. It shall be open to the petitioner to produce a copy of the writ petition
and copy of this judgment along with the application so submitted.
Sd/-
A.V.RAMAKRISHNA PILLAI JUDGE
krj
2 issues framed by the court
Whether the petitioner can approach KIRTA DS after the interim order was vacated.
Whether the petitioner is socially, financially and educationally backward to claim SC/ST status.
1 provisions across 1 enactments
Arun K.Pavithran (Rep. by Mother Rajina P.)
Tahsildar, Taliparamba
State of Kerala
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
