Dismissed

Thibin, v. the Thahasildar

Kerala HC11 Jul 2019WP(C)/14115/2019

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition challenging the rejection of a community certificate application. The court held that the orders were based on facts valid within the jurisdiction of the Tahsildar and there is a clear statutory remedy available in the form of an appeal to the District Collector. Leave is granted to approach the appellate authority.

What did the court decide?

The writ petition is dismissed. Liberty is granted to approach the District Collector in appeal within two weeks as per the Kerala Act.

Thibin, Vs the Thahasildar — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941

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WP(C).No.14115 of 2019

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PETITIONERS:

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1 THIBIN, AGED 50 YEARS

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W/O. MOHANAN, CHILLITHARA, KALAVAM KODAM (P.O), VAYALAR-688524.

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2 ATHUL CHAND, AGED 24 YEARS

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S/O. MOHANAN, CHILLITHARA, KAVALAM KODAM (P.O), VAYALAR-688524.

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BY ADVS.

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SRI.P.V.JAYACHANDRAN SMT.G.N.DEEPA SRI.NIDHI BALACHANDRAN

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RESPONDENTS:

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1 THE THAHASILDAR, TALUK OFFICE, CHERUTHALAI-688524.

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2 THE VILLAGE OFFICER, VAYALAR, CHERTHALAI-SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM.

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3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS DISTRICT OFFICER, DISTRICT OFFICE, CRESENT MANSION, SOUTH OF COLLECTORATE, ALISSERY ROAD, ALAPPUZHA-688001.

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BY SMT.VINEETHA B., GOVERNMENT PLEADER SRI PRAKASH - SPECIAL GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.14115 of 2019

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:-2-:

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J U D G M E N T

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This writ petition is filed by the petitioners challenging Ext.P6 order dated 16.5.2019 passed by the 1^st respondent Tahsildar under the provisions of Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.

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I am of the considered opinion that Ext.P6

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is passed by the Tahsildar depending upon various facts and circumstances and there is a clear remedy available to the petitioners to file appeal before the District Collector in accordance with the provisions of the above specified Act.

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In that view of the matter, after hearing the learned counsel for the petitioners and also the learned Special Government Pleader, this writ petition is dismissed, leaving open the liberty of the petitioners to approach the statutory authority

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W.P.(C)No.14115 of 2019

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:-3-:

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and if any such appeal is filed within two weeks

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from the date of receipt of a copy of this judgment, it shall be treated as one filed within the time and finalise the issue on merits of the matter, after providing an opportunity of hearing to the petitioners.

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Sd/-

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SHAJI P.CHALY JUDGE

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ami/

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W.P.(C)No.14115 of 2019

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:-4-:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK EVIDENCING THE CASTE OF THE 1ST PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 2ND PETITIONER.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 6.5.19 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 6.5.2019 ISSUED BY THE KERALA PULLAYAR MAHASABHA.

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EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 15.5.2019 ALONG WITH THE SUBMISSION OF THE NEIGHBOR OF THE 1ST PETITIONER.

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EXHIBIT P6 TRUE COPY OF THE ORDER NO 7329/19/A4 DATED 16/5/2019 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P7

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TRUE COPY OF THE GOVERNMENT ORDER DATED 8/5/2019 REGARING THE ISSUANCE OF NON CRIMILAYER CERTIFICATE TO THE CHILDREN BORN OUT OF INTER CASTE MARRIAGE INTO BY A PERSON BELONG TO BACKWARD CASTE.

Thibin, v. the Thahasildar

Case brief

What is this about?

What did the court decide?

Thibin, v. the Thahasildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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