The Kerala High Court dismissed a writ petition where eligibility for Scheduled Caste benefits by the Thandan community was challenged, relying on a previous Division Bench judgment.
Writ petition dismissed.
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
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
WP(C).No. 8752 of 2009 (L)
PETITIONER:
SHRI.K.RADHAKRISHNAN, CHELLUPADY HOUSE, MUDAPALLUR.P.O., (VANDAZHI II VILLAGE), PALAKKAD.
BY ADV. SRI.P.R.VENKETESH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SC/ST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE TAHSILDAR, ALATHUR TALUK, ALATHUR.
BY SPECIAL GOVT. PLEADER SMT.P.K.SANTHAMMA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 8752 of 2009 (L)
APPENDIX
PETITIONERS’ EXHIBITS:
| EXT. P1 : | TRUE COPY OF THE RELEVANT EXTRACT OF SSLC BOOK OF PETITIONER. |
|---|---|
| EXT. P2 : | TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER FROM THE INDUSTRIAL TRAINING INSTITUTE. |
| EXT. P3 : | TRUE COPY OF THE RELEVANT EXTRACT OF RATION CARD. |
| EXT. P4 : | TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO PETITIONER DATED 3.7.1978. |
| EXT. P5 : | TRUE COPY OF THE BIRTH CERTIFICATE OF PETITIONERS SON DATED 2.8.04. |
| EXT. P6 : | TRUE COPY OF THE PROSPECTUS OF THE KENDRIYA VIDYALAYA. |
| EXT. P7 : | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE TAHSILDAR DATED 9.2.2009. |
| EXT. P8 : | TRUE COPY OF THE SAID JUDGMENT DATED 26.2.2009 IN WP(C).NO.6309/2009 OF THIS HON’BLE COURT. |
| EXT. P9 : | TRUE COPY OF THE CERTIFICATE DATED 13.3.2009 ISSUED BY THE TAHSILDAR. |
| EXT. P10 : | TRUE COPY OF ORDER DATED 12.3.2009 PASSED BY THE TAHSILDAR. |
| EXT. P11 : | TRUE COPY OF INTERIM ORDER PASSED IN WP(C)36232 OF 2008. |
| EXT. P12 : | TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED IN PURSUANCE OF THE ORDER IN WPC.36232 OF 2008. |
| EXT. P13 : | TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED IN PURSUANCE OF THE ORDER IN WPC 18896 OF 2008. |
| EXT. P14 : | TRUE COPY OF THIRD PAGE OF SSLC OF RADHIKA, SISTER OF THE PETITIONER. |
| EXT. P15 : | TRUE COPY OF THIRD PAGE OF SSLC OF JYOTHI, WIFE OF THE PETITIONER. |
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
==================
W.P.(C).No.8752 of 2009
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Dated this the 26th day of February, 2016
J U D G M E N T
The petitioner belongs to Thandan community in Palakkad District. The petitioner submits that they are entitled to get benefit to Scheduled caste community member.
In the light of Division Bench judgment in 2010 (2) KHC 739 [Madhavan P and others vs. State of Kerala and others] the petitioner is not entitled for any benefit. Accordingly, the writ petition is dismissed.
sd/-
sab
A.MUHAMED MUSTAQUE, JUDGE
1 issue framed by the court
Whether the petitioner belonging to Thandan community is entitled to Scheduled Caste benefits.
Colour shows how this judgement treated each authority
Madhavan P and others vs. State of Kerala and othersExplained¶30
2010 (2) KHC 739
SHRI.K.RADHAKRISHNAN
STATE OF KERALA
THE TAHSILDAR, ALATHUR TALUK, ALATHUR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
