The High Court of Kerala observed that an interim order dated 08.07.2021 redressed the petitioners' grievance. Consequently, the court closed the writ petition without delivering a fresh judgment on the merits.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943 WP(C) NO. 13232 OF 2021
PETITIONERS:
1 FAYAS SAHEER
AGED 18 YEARS S/O. ABDUL SAHEER, RESIDING AT VILLA NO.21, GANDHINAGAR, P.O.PERUMBAIKAD, KOTTAYAM DISTRICT-686008.
2 RESSY B., AGED 51 YEARS W/O. ABDUL SAHEER, RESIDING AT VILLA NO.21, GANDHINAGAR, P.O.PERUMBAIKAD, KOTTAYAM DISTRICT-686008.
BY ADVS. K.SANEESH KUMAR V.B.SANTHINI
RESPONDENTS:
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WP(C) NO. 13232 OF 2021
4 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 13232 OF 2021
W.P.(C) No.13232 of 2021
J U D G M E N T
It is submitted that in the light of the interim order
passed by this court on 08.07.2021, the grievance of the petitioners stands redressed. In the circumstances, the writ petition is closed.
Sd/- P.B.SURESH KUMAR, JUDGE.
PV
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WP(C) NO. 13232 OF 2021
APPENDIX OF WP(C) 13232/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER AS G.O.(P) NO.1/2015/BCDD DATED 1.1.2015. Exhibit P2 A TRUE COPY OF THE CIRCULAR ISSUED AS PER CIRCULAR NO.27396/F3/07/SCSTDD BY THE GOVERNMENT OF KERALA DATED 14.6.2010.
Exhibit P3 A TRUE PHOTOCOPY OF THE APPEAL FILED BY TE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ON 3.4.2021.
Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 8.6.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 A TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE FATHER OF THE 1ST PETITIONER THROUGH ONLINE ON 9.6.2021 BEARING APPLICATION NO. AS 61895631 BEFORE THE 1ST RESPONDENT.
Exhibit P6 A TRUE COPY OF THE SELF-DECLARATION FOR INCOME DATED 9.6.2021.
Exhibit P7 A TRUE COPY OF THE ORDER DATED 9.4.2018 ISSUED BY THE PRINCIPAL SECRETARY ON BEHALF OF THE GOVERNMENT OF KERALA.
Exhibit P8 A TRUE COPY OF THE AFFIDAVIT SUBMITTED ON 9.6.2021 ALONG WITH THE ONLINE APPLICATION FOR GETTING NON-CREAMY LAYER CERTIFICATE.
Exhibit P9 A TRUE SCREENSHOT COPY OF THE REJECTION STATUS AS AGAINST THE EXHIBIT P5
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WP(C) NO. 13232 OF 2021
APPLICATION DATED NIL ISSUED BY THE 1ST RESPONDENT.
Exhibit P10 A TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 15.6.2021.
Exhibit P11 A TRUE COPY OF THE ACKNOWLEDGMENT DATED 17.6.2021 ISSUED BY THE 2ND RESPONDENT, EVIDENCING THE SUBMISSION OF EXHIBIT P10.
Exhibit P12 A TRUE PHOTOCOPY OF THE DRAFT APPLICATION ALONG WITH THE ORDER NO.3942/2018 DATED 24.9.2018 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P13 A TRUE COPY OF THE MINUTES RECORDED DURING THE QUESTION AND ANSWER SESSIONS HELD IN THE LEGISLATIVE ASSEMBLY SESSION ON 9.3.2018.
Exhibit P14 A TRUE COPY OF THE REMINDER SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.6.2021.
FAYAS SAHEER AND ANR.
THE TAHSILDAR KOTTAYAM TALUK
THE REVENUE DIVISIONAL OFFICER
THE DISTRICT COLLECTOR
THE STATE OF KERALA
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
