Disposed

Chinju. K.P v. State of Kerala

Kerala HC25 Nov 2019WP(C)/3981/2018

Case brief

AI extract

What is this about?

The court held that the rejection of the caste certificate application is an appealable order under Section 12 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. The writ petition was disposed of by permitting the petitioner to challenge the rejection through an appeal, with directions for the provisional certificate's validity until the

What did the court decide?

The writ petition is disposed of by permitting the petitioner to challenge the rejection of the caste certificate via an appeal filed within one month. The provisional caste certificate is deemed vali

Chinju. K.P Vs State of Kerala — 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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MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

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WP(C).No.3981 OF 2018(W)

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PETITIONER:

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CHINJU. K.P

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AGED 28 YEARS, D/O PARAMESWARAN K.N, CHERUPARAMBIL VEEDU, VEETILAPARA P.O.

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BY ADVS. SRI.SANKARANKUTTY NAIR SRI. V. SHANKAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY,REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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2 THASILDAR TALUK OFFICE, CHALAKUDY - 680 307.

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ADDL.R3 DIRECTOR

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KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULE CASTE AND SCHEDULE TRIBE (KIRTADS), DIRECTOR OF KIRTADS, CHEVAYOOR P.O., KOZHIKODE - 673 017.

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W.P.(C)No.3981 of 2018

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ADDL.R4 THE CHAIRMAN KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.

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ADDL. R3 AND ADDL. R4 ARE IMPLEADED AS PER ORDER DATED 21.02.2018 IN I.A.NO.3080/18.

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BY SRI.K.V.PRAKASAN, SPL. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2019, THE COURT ON 25-11-2019 DELIVERED THE FOLLOWING:

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W.P.(C)No.3981 of 2018

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J U D G M E N T

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Ext.P5 communication, in terms of which the application preferred by the petitioner for caste certificate has been rejected, is appealable under Section 12 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. Further, it is seen that factual issues need to be adjudicated for examining the correctness of Ext.P5 communication. In the circumstances, I deem it appropriate to dispose of the writ petition permitting the petitioner to challenge Ext.P5 communication in appeal. Ordered accordingly. In so far as the matter was pending before this court for quite some time, it is also directed that if the petitioner prefers an appeal before the District Collector concerned within one month, the same shall be considered and disposed of with notice to the petitioner, within one month thereafter. Having regard to the peculiar facts of this case, it is

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W.P.(C)No.3981 of 2018

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also directed that the provisional caste certificate issued pursuant to the interim order passed in this matter on 6.2.2018 shall be accepted as valid until the appeal as directed is disposed of by the appellate authority, if the petitioner prefers an appeal as permitted.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C)No.3981 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 18.6.2010 ISSUED FROM THE TALUK OFFICE, MUKUNDAPURAM. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 06.05.2013 ISSUED FROM THE TALUK OFFICE, MUKUNDAPURAM. EXHIBIT P4 TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE REJECTION NOTICE DATED 22.09.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER G.O(MS) NO. 109/2008/SCSTDD DATED 20.11.2018. EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 30.01.2018 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION. EXHIBIT P8 TRUE COPY OF THE REPORT DATED 19/09/2017 OF THE VILLAGE OFFICER, ATHIRAPPALLY. EXHIBIT P8(a): TRUE COPY OF THE LEGIBLE COPY OF THE REPORT DATED 19/09/2017.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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Chinju. K.P v. State of Kerala

Case brief

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Chinju. K.P v. State of Kerala

Case brief

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