Disposed

Aadi Dravida Vedar Mahasabha v. the Registrar General of India

Kerala HC6 Feb 2020WP(C)/3235/2020

Case brief

AI extract

What is this about?

Petitioners sought a direction to include them as Scheduled Tribes and to dispose of representations regarding their status within two months. The Court held it could not direct a policy decision but directed respondents to consider the representations expeditiously within two months.

What did the court decide?

Direction to the 2nd and 3rd respondents to dispose of representations Exts.P6 and P7 within two months.

Aadi Dravida Vedar Mahasabha Vs the Registrar General of India — Caste Atrocities | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947

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W.P.(C).No.3235 OF 2020 (S)

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PETITIONERS:

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1 AADI DRAVIDA VEDAR MAHASABHA REG. NO.TC/705/2019 AKHILA BHAVAN, PULLIVATTAM, KARIMANCODE P. O., THIRUVANANTHAPURAM, PIN - 695 562, REPRESENTED BY ITS PRESIDENT.

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2 VIJAYAN KAMUKINKUZHI PRESIDENT, ADVMS, MADHATHARA KANNI VEEDU, KAMUKINKUZHI, THALLIKUZHI P. O., THIRUVANANTHAPURAM, PIN - 695 612.

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3 JOY KARIMONCODE, SECRETARY, ADVMS, AKHILA BHAVAN, PULLIVATTAM, KARIMANCODE P. O., THIRUVANANTHAPURAM, PIN - 695 562.

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BY ADVS. SRI.SREEKANTH S.NAIR SRI.S.JATHIN DAS SMT.SHARI N.B.

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RESPONDENTS:

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1 THE REGISTRAR GENERAL OF INDIA O/O. THE REGISTRAR GENERAL OF INDIA, NDCC-II BLD., JAI SINGH ROAD, NEW DELHI - 110 001.

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2 THE PRINCIPAL SECRETARY GOVERNMENT OF KERALA, DEPARTMENT OF SCHEDULE CAST AND SCHEDULE TRIBES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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3 DIRECTOR, DIRECTORATE OF KIRTADS, CHEVAYUR, VRINDAVAN COLONY, KOZHIKODE, PIN - 673 017. SPL. G.P.SRI.K.V.PRAKASHAN FOR R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3235 OF 2020 (S)

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: 2 :

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JUDGMENT

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Dated this the 6th day of February 2020

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S.MANIKUMAR, C.J.

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Instant writ petition has been filed seeking for a direction to the first respondent/the Registrar General of India to take appropriate policy decision on Ext.P5 representation dated 9.1.2020 to include vedan/vetan/vettuvan in the list of Schedule Tribes of Kerala. Petitioners have also sought for a direction to the 2^nd respondent (the Principal Secretary, Government of Kerala) and 3^rd respondent (the Director, Directorate of KIRTADS) to dispose of Exts.P6 and P7 respectively within a stipulated time.

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Short facts leading to the writ petition are as hereunder:

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Petitioners, who are included in vedan/vetan/vettuvan community, are instituting the instant writ petition for the enforcement of the constitutional obligation provided under Articles 342 and 366(25) of the Constitution of India for the historically disadvantaged people together with similarly situated Scheduled Tribes. Many of them are settled in rural areas, some section live in mountains, others in inlands, coastal area and country side. The Government have categorized the community living in mountains as 'malaivedan' and others as 'vedan/vetan/vettan', while the 'malaivedan' are

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WP(C).No.3235 OF 2020 (S)

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: 3 :

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categorized as Scheduled Tribes and 'vedan/vetan/vettuvan' are included in the Scheduled Caste category. Vedan/vetan/vettuvan are demanding S.T. status and as they see themselves as part of the Malaivedan community. According to the petitioner, the discrimination caused to the vedan/vetan/vettuvan community is due to lack of details or ignorance while the list of Scheduled Caste/Scheduled Tribe prepared during 1945-50. The anthropological study conducted by third respondent/Director, KIRTADS scientifically, facts and reasons prove the 'vedan/vetan/vettuvan' is similar with the same characteristics of 'malaivedan' listed in the Scheduled Tribes. Hence, this writ petition.

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Heard both sides and perused the materials available on record.

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Main prayer sought for in the instant writ petition is to direct the

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first respondent to take appropriate decision on Ext.P5 representation preferred by the petitioners cannot be granted by this court as the court has no power to direct the Government to take a policy decision in the manner, as suggested in Ext.P5.

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At that stage, learned counsel for the petitioners submitted it is suffice to direct 2^nd respondent (the Principal Secretary, Government of Kerala) and 3^rd respondent (the Director, Directorate of KIRTADS) to dispose of Exts.P6 and P7 respectively without any further delay.

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WP(C).No.3235 OF 2020 (S)

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: 4 :

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Learned Special Government Pleader Sri.K.V.Prakashan submitted

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that there is no objection for the above said course.

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Submission of learned counsel on both sides is placed on record.

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Exts.P6 and P7 representations addressed to the respondents 2 and 3 are similar in nature. There shall be a direction to 2^nd respondent (the Principal Secretary, Government of Kerala) and 3^rd respondent (the Director, Directorate of KIRTADS) to consider and dispose of Exts.P6 and P7 representations preferred by the petitioners in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of as above. All pending interlocutory applications shall stand closed.

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sd/- S.MANIKUMAR CHIEF JUSTICE

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sd/- SHAJI P. CHALY JUDGE

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jes

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WP(C).No.3235 OF 2020 (S)

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: 5 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE TVM/TC/705/2019 ISSUED TO 1ST PETITIONER.

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EXHIBIT P1 (a) TRUE ENGLISH TRANSLATION OF EXHIBIT P1.

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EXHIBIT P2 TRUE COPY OF PAGE 4 OF MEMORANDUM OF ASSOCIATION OF 1ST PETITIONER. EXHIBIT P2 (a) TRUE ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 TRUE COPY OF ORDER NO.15/92 DATED 6.5.1992 SC/ST(E) DEPARTMENT. EXHIBIT P3 (a) TRUE ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4 TRUE COPY OF LETTER NO.D1.507/12 DATED 12.2.2013 ISSUED BY 3RD RESPONDENT TO 2ND RESPONDENT. EXHIBIT P4 (a) TRUE ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 9.1.2020 ISSUED TO 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 9.1.2020 ISSUED TO 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 9.1.2020 ISSUED TO 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF POSTAL RECEIPTS ISSUED TO THE 1ST PETITIONER.

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// TRUE COPY //

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P.S. TO JUDGE

Aadi Dravida Vedar Mahasabha v. the Registrar General of India

Case brief

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What did the court decide?

Aadi Dravida Vedar Mahasabha v. the Registrar General of India

Case brief

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