Disposed

Janisha.P.P v. the Tahsildar

Kerala HC17 Oct 2019WP(C)/14402/2019

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Principal Secretary (Scrutiny Committee) to take a final decision on the KIRTADS report within two weeks. The petitioner is the offspring of an inter-caste marriage; the court provisionally issued a certificate but made it subject to the Scrutiny Committee's final outcome.

What did the court decide?

Directing the additional sixth respondent (Principal Secretary) to take a final decision on Ext.P13 within two weeks.

Janisha.P.P Vs the Tahsildar — 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 P.B.SURESH KUMAR

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THURSDAY, THE 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941

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WP(C).No.14402 OF 2019(A)

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PETITIONER:

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JANISHA.P.P AGED 21 YEARS D/O.SHAJI.P.P,PUTHIYAPURAYIL HOUSE, PERUVALATH PARAMBA.P.O,IRIKOOR, KANNUR DISTRICT.

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BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL

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RESPONDENTS:

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1 THE TAHSILDAR TALIPARAMBA TALUK,TALIPARAMBA-670141, KANNUR DISTRICT.

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2 THE VILLAGE OFFICER, SREEKANDAPURAM-670631, KANNUR DISTRICT.

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3 THE DISTRICT COLLECTOR, KANNUR-670001.

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4 VIGILANCE OFFICER, VIGILANCE CELL,DIRECTORATE OF 'KIRTADS',KOZHIKODE-673017.

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W.P.(C) No. 14402 of 2019

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5 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SC/ST DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.

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6. ADDL.R6 PRINCIPAL SECRETARY TO THE GOVERNMENT AND CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNICATE CERTIFICATE, SCHEDULED CASTE/SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM – 695 001. ADDL.R6 IS IMPLEADED AS PER ORDER DATED 17.10.2019 IN I.A.NO.1/2019 IN W.P.(C)NO.14402 OF 2019.

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BY SRI. PRAKASAN.K.V, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 14402 of 2019

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W.P.(C) No.14402 of 2019

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J U D G M E N T

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The petitioner is the offspring of an inter-caste married couple. The father of the petitioner belongs to a Scheduled Caste namely Hindu - Valluvan. The petitioner applied for a Caste Certificate as a person belonging to Hindu – Valluvan community. The competent authority rejected the said application on the premise that she does not belong to the caste of her father. The petitioner challenged the rejection order in W.P.(C)No.25487 of 2016 before this court, and this court disposed of the said writ petition directing the competent authority to conduct an enquiry into the caste status of the petitioner. While the enquiry was going on, the petitioner has approached this Court for appropriate reliefs as she was urgently in need of the Caste Certificate.

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W.P.(C) No. 14402 of 2019

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It is seen that this Court passed an interim order on 27.5.2019, directing the competent authority to issue the Caste Certificate applied for by the petitioner provisionally, pending disposal of the writ petition.

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When this matter was taken up, it was pointed out by the learned counsel for the parties on either side that the Kerala Institute for Research Training & Development Studies of Scheduled Castes and Scheduled Tribes (KIRTADS) have upheld the claim made by the petitioner as regards her caste in terms of Ext.P13 report. The limited prayer made by the leaned counsel for the petitioner in the light of the said report was to direct the additional sixth respondent to take a final decision on Ext.P13 report as per the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.

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4. Having regard to the facts an d circumstances of the case, I deem it appropriate to dispose of the writ petition directing the additional sixth respondent to take a decision on

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W.P.(C) No. 14402 of 2019

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Ext.P13, within two weeks from the date of receipt of a copy of this judgment. The provisional Caste Certificate issued to the petitioner in terms of the interim order passed on this matter will be subject to the outcome of the said decision of the additional sixth respondent.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No. 14402 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE PETITIONER'S FATHER SHOWING HIS CASTE AS HINDU-VALLUVAN.

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EXHIBIT P2 A TRUE COPY OF THE INTER CASTE MARRIAGE CERTIFICATE ISSUED BY THE TAHSILDAR,TALIPARAMBA. EXHIBIT P3 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. EXHIBIT P4 A TRUE COPY OF THE NOTARISED AFFIDAVIT FILED BY THE PETITIONER'S PARENTS BEFORE THE 1ST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER. EXHIBIT P6 A TRUE COPY OF THE WRITTEN SUBMISSION MADE BY THE TWO MEMBERS OF THE HINDU VALLUVAN COMMUNITY BEFORE THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION BY WAY OF SMS (SHORT MESSAGE SERVICE)SENT TO THE PETITIONER BY THE FIRST RESPONDENT WHICH IS TYPED BY THE PETITIONER. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.25487/2016

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EXHIBIT P9 A TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.

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EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION BY WAY OF SMS SENT TO THE PETITIONER BY THE FIRST RESPONDENT.

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W.P.(C) No. 14402 of 2019

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EXHIBIT P11 A TRUE COPY OF THE G.O.DATED 20.06.2005. EXHIBIT P12 A TRUE COPY OF THE GOVERNMENT ORDER DATED 20.11.2008.

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EXHIBIT P13 TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT.

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