Writ petition seeking directions to investigate caste discrimination and untouchability against the Chakkiliyans, direct fund utilization reports, police action, protection, and house repairs. The Court found the State Government's contentions sufficient to dispose the matter without specific orders.
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 SHAJI P.CHALY
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
WP(C).No. 19585 of 2017
PETITIONER/S:
1 SIVARAJ
S/O. SUBRAMONIYAN, AGED 32,AMBEDKAR COLONY, GOVINDAPURAM,MUTHALAMADA GRAMA PANCHAYAT, PIN - 678 507.
2 SENTHIL KUMAR
S/O. NACHI, AGED 33 YEARS, H.NO. 8/163, AMBEDKAR COLONY,GOVINDPURAM, MUTHALAMADA GRAMA PANCHAYAT,PINCODE - 678 507.
SECRETARY,K.D.VISHWANATHAN, AGED 61 YEARS, S/O. THE LATE K.T. DAMODARAN, KOMARTHAMPILLY, KURISSUPILLY ROAD,PERUMANOOR P.O., KOCHI - 682 015.
BY ADVS. SMT.P.K.SANTHAMMA SMT.SHIBI. K.P. SRI.C.K.SUNIL
RESPONDENT/S:
1 UNION OF INDIA
MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT, NEW DELHI.
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BY ADVS. SMT.PREMLATHA K. NAIR, CGC R2 to R11, 13, 14 SRI.K.V.PRAKASHAN, SPL.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed by the members belonging to the scheduled caste community, seeking the following reliefs:
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the grievances of the petitioners, at the appropriate time and take appropriate action to ventilate the same in accordance with
law.
Sd/
SHAJI P.CHALY
JUDGE
JM/
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF PHOTOGRAPH SHOWING THE NORTHERN SIDE ROAD OF AMBEDKAR COLONY EXHIBIT P2 THE TRUE COPY OF RECEIPTS GIVEN TO SMT. VEERAMMAL BY THE 12 TH RESPONDENT EXHIBIT P3 THE TRUE COPY PHOTOGRAPHS SHOWING THE DILAPIDATED CONDITION OF THE HOUSES IN AMBEDKAR COLONY. EXHIBIT P4 THE TRUE PHOTOGRAPH OF WATER TANK WITH PIPES IN THE AMBEDKAR COLONY. EXHIBIT P5 THE TRUE COPY COMPLAINT DATED 05.06.17 GIVEN TO THE SC/ST COMMISSION WITH COPY TO THE 13TH RESPONDENT. EXHIBIT P6 THE TRUE PHOTOGRAPH OF CHAKKILIAN COMMUNITY COOKING THEIR FOOD JOINTLY IN THE COURTYARD OF TEMPLE IN THE AMBEDKAR COLONY. EXHIBIT P7 THE TRUE PHOTOGRAPH OF NEWS PAPER.
3 issues framed by the court
Whether the High Court should direct the State authorities to undertake inquiries and action regarding alleged caste discrimination and untouchability against the Chakkiliyans.
Whether the Court should direct the Government to provide funds for house repairs and protection for the scheduled caste community.
Whether the impugned grievances warrant any specific relief to ventilate the complaint of discrimination.
SIVARAJ
SENTHIL KUMAR
REPUBLICAN PARTY OF INDIA
UNION OF INDIA
THE CHIEF SECRETARY STATE OF KERALA
THE DIRECTOR GENERAL OF POLICE
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
