Petitioner sought a writ to quash a rejection of his Income and Asset Certificate claim for Economically Weaker Section reservation. Court held rejection unacceptable as land extent fell within guidelines, making certificate regular.
Interim order directing issuance of Income and Asset Certificate made absolute; writ petition disposed accordingly.
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 MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941 WP(C).No.1347 OF 2020(P)
PETITIONER :-
ARJUN C, AGED 24 YEARS, S/O.DINESH KUMAR C., CHOLAKKAL HOUSE, KUNNAMANGALAM, KARANTHUR P. O., KOZHIKKODE - 673 571.
BY ADVS. SRI.C.IJLAL SMT.UMMUL FIDA SRI.ARUN CHAND SRI.R.J.ABHIJITH JACOB SHRI.THAREEQ ANVER KUM.K.SALMA JENNATH SHRI.ABHIJITH S.R. SHRI.JAI GOVIND M.J. SHRI.SAGITH KUMAR V.
RESPONDENTS :-
1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY (PERSONNEL), DEPARTMENT OF PERSONNEL AND TRAINING, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001.
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
WP(C).No.1347 OF 2020(P)
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6 THE SECRETARY KUNNAMANGALAM GRAMA PANCHAYAT, KUNNAMANGALAM, KOZHIKODE - 673 571.
8 INSTITUTE OF BANKING PERSONNEL SELECTION IBPS HOUSE, 90 FEET, D.P. ROAD, NEAR THAKUR POLYTECHNIC, OFF. WESTERN EXPRESS HIGHWAY, P. B. NO.8587, KANDIVALI (E), MUMBAI - 400 101, REPRESENTED BY ITS DIRECTOR.
9 KERALA GRAMIN BANK KGB TOWERS, AK ROAD, UPHILL, PB NO.10, MALAPPURAM - 676 505, REPRESENTED BY ITS CHAIRMAN.
BY ADV. SRI.P.VIJAYAKUMAR BY ADV. SRI.VINOD SINGH CHERIYAN BY ADV. SRI.T.M.KHALID BY ADV. SMT.K.P.SUSMITHA BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR BY ADV. SRI.K.JOHN MATHAI BY ADV. SRI.JOSON MANAVALAN BY ADV. SRI.KURYAN THOMAS BY ADV. SRI.PAULOSE C. ABRAHAM BY SMT. K.C.RASHMI, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 9th day of March 2020
This writ petition is filed seeking the following prayers :-
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24.1.2020, the 4th respondent had been directed to issue an Income and Asset Certificate as sought for by the petitioner provisionally and the 8th respondent was directed to accept the certificate so issued by the 4th respondent and process the application of the petitioner. It is submitted by the learned counsel for the petitioner that going by Ext.P9 revised guidelines, the maximum extent of property in respect of Panchayat area is 2.5 Acres and that since the extent of land owned by the petitioner's family is only 55.87 cents, the petitioner is entitled to the certificate as sought for by him.
In the above view of the matter, I am of the opinion that the rejection of the claim of the petitioner for Income and Asset Certificate was untenable. The petitioner is entitled to an Income and Asset Certificate taking note of the extent of land possessed by his family. The Income and Asset Certificate issued to the petitioner on the basis of the interim order is liable to be treated as regular. The interim order is made absolute and the writ petition is disposed of accordingly.
Sd/-
ANU SIVARAMAN JUDGE
Jvt/10.03.2020
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY THE GENERAL EDUCATION DEPARTMENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.1.2019, ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING. EXHIBIT P3(a) TRUE COPY OF THE LAND TAX RECEIPT NO.KL11012601727/2019 DATED 21.2.2019, ISSUED BY THE FIFTH RESPONDENT TO THE FATHER OF THE PETITIONER. EXHIBIT P3(b) TRUE COPY OF THE LAND TAX RECEIPTS NO.KL11012601728/2019 DATED 21.2.2019, ISSUED BY THE FIFTH RESPONDENT TO THE FATHER OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD ISSUED BY THE TALUK SUPPLY OFFICER TO THE MOTHER OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 5.11.2019, ISSUED BY THE SEVENTH RESPONDENT TO THE FATHER OF THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 5.11.2019, ISSUED BY THE AGRICULTURAL OFFICER, KUNNAMANGALAM.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 15.11.2019 BEARING REFERENCE NO.KI 35066/2019/K.DISREJECTING THE APPLICATION OF THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE RESULT OF THE EXAMINATION ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER (P) NO.1/2020/P AND ARD DATED 3.1.2020.
EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 14.6.2019 ISSUED BY THE EIGHTH RESPONDENT.
1 issue framed by the court
Whether the petitioner is entitled to an Income and Asset Certificate for Economically Weaker Section given that his family owns only 55.87 cents of agricultural land.
Arjun C
The Union of India
State of Kerala
The District Collector Wayanad
The Tahsildar Taluk Office Kozhikode
The Village Officer Office of the Kunnammangalam Village
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
