Disposed
M.K.Rajendran v. Director,Kirtads
Kerala HCWP(C)/103/2005
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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.MUHAMED MUSTAQUE
TUESDAY, THE 2ND DAY OF FEBRUARY 2016/13TH MAGHA, 1937
WP(C).No. 103 of 2005 (K)
PETITIONER(S):
1. M.K.RAJENDRAN, VARIKKIANIKKAL HOUSE, ULLAYAM KARA, KADAYANIKADU P.O., KOTTAYAM.
2. M.V.RAJAN BABU, MADATHUPARAMBIL HOUSE, AYROOR SOUTH P.O., AYROOR VILLAGE, RANNI TALUK, PATHANAMTHITTA.
3. RAVEENDRAN.D., CHOORAPLACKAL HOUSE, ADICHIPUZHA P.O., RANNI PERUNADU VILLAGE, RANNI, PATHANAMTHITTA.
4. P.N.VIKRAMAN, PEZHUMOOTTIL HOUSE, PAZHAVANGADI VILLAGE, RANNI, PATHANAMTHITTA.
BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENT(S):
1. THE DIRECTOR, KIRTADS, CHEVAYOOR, KOZHIKODE.
2. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,TRIVANDRUM.
3. THE DISTRICT COLLECTOR, PATHANAMTHITTA.
4. THE DISTRICT COLLECTOR, KOTTAYAM.
5. THE DISTRICT COLLECTOR, ALAPPUZHA.
6. THE THAHASILDAR,
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WP(C).No. 103 of 2005 (K)
7. THE TAHASILDAR, KOZHENCHERRY, PATHANAMTHITTA.
8. THE TAHASILDAR, THIRUVALLA, PATHANAMTHITTA.
9. THE TAHASILDAR, CHENGANOOR, PATHANAMTHITTA.
10. THE TAHASILDAR, KOTTAYAM.
11. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SOCIAL WELFARE, NEW DELHI.
12. PRESIDENT, N.G.O. UNION, PATHANAMTHITTA.
13. THE BHARATHAR MAHAJANA SABHA, REPRESENTED BY ITS SECRETARY, CHOTTUKUNNEL HOUSE, PAMPADI P.O., KOTTAYAM.
*ADDL. R14 IMPLEADED
14. P.A.GOPALAN, PRESIDENT, ALL KERALA PARAVAR MAHAJANA SABHA, H.O.KOTTAYAM, REG.NO.427/95.
ADDL. R14 IS IMPLEADED AS PER ORDER DATED 14.10.2005 IN IA.14657/2005.
R2 TO R10 BY GOVT. PLEADER SRI.MANOJ KUNJACHAN R11 BY ADV. SRI.C.S.AJITH PRAKASH, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 103 of 2005 (K)
APPENDIX
PETITIONERS' EXHIBITS:
EXT. P1 : TRUE COPY OF THE RELEVANT PAGES OF THE BOOK CASTES AND TRIBES OF SOUTH INDIA WRITTEN BY EDGAR THURSTON AND K.RANGACHARI.
EXT. P3 : TRUE COPY OF THE REPRESENTATION DATED 1.11.2001 BY THE PETITIONER.
EXT. P4 : TRUE COPY OF THE JUDGMENT IN W.A.NO.2085 OF 2002 DATED 6.11.2002.
RESPONDENTS' EXHIBITS:
EXT.R14(A) : TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF SOCIAL AND WELFARE, NEW DELHI.
//TRUE COPY//
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.103/2005
Dated this the 2nd Day of February, 2016
J U D G M E N T
The petitioners have approached this Court for the following
reliefs:
“i. To issue a writ of mandamus directing the first respondent to declare that Chakkamars of Pathanamthitta and Alappuzha District as Paravans.
ii. To issue a writ of mandamus directing the first respondent to declare that there are no Bharathar Community members in the Kottayam District.
iii. To issue a declaration to all the respondents to treat Chakkamars as Paravans in all registers and records in the future.”
the view that if the petitioners have any surviving grievances, they are
free to approach this Court again. Leaving open all the issues and
W.P.(C).No.103/2005
-:2:-
with liberty to file fresh writ petition for any fresh cause of action, the
writ petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether the petitioners can still seek a declaration that Chakkamars are Paravans and that there are no Bharathar Community members in Kottayam District.
M.K.RAJENDRAN
M.V.RAJAN BABU
RAVEENDRAN.D.
P.N.VIKRAMAN
THE DIRECTOR, KIRTADS
THE CHIEF SECRETARY, GOVERNMENT OF KERALA
A.MUHAMED MUSTAQUE
As recorded by the court registry
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