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Catholic Federation Charitable Society v. State of Kerala

Kerala HC7 Jan 2021WP(C)/444/2021

Case brief

AI extract

What is this about?

The High Court of Kerala held that Government orders fixing an 80:20 ratio between Muslim and Christian minorities were contrary to the Kerala State Commission for Minorities Act, 2014 due to lack of population data basis. The court directed the First Respondent to decide on the petitioner's representation within four months and disposed of the petition accordingly.

What did the court decide?

Direction to the 1st Respondent to take a decision on the claim raised by the petitioner within four months from the date of receipt of the judgment copy.

Catholic Federation Charitable Society Vs… — Pension and Retirement Benefits | Kerala HC (2021)

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W.P(C).No.444/2021-E

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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WP(C).No.444 OF 2021(E)

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PETITIONER:

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CATHOLIC FEDERATION CHARITABLE SOCIETY REG.NO.KTM/TC/40/2016, KOTTAYAM-686 001, REPRESENTED BY PRESIDENT, ADV.MR.P.P.JOSEPH.

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BY ADV. SRI.JOSSY KURIAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR, DIRECTORATE OF MINORITY WELFARE, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

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SMT.VINITHA.B, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).No.444/2021-E

P.V.ASHA, J .

W.P(c) No.444 of 2021 - E

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Dated this the 7^th day of January, 2020

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J U D G M E N T

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The petitioner Society claims that the Government orders Exts.P2 to P4 are contrary to the provisions contained in Section 9(k) of the Kerala State Commission for Minorities Act, 2014. According to the petitioner Society, the ratio of 80:20 between the minority religions Muslim and Christian is not correct and it is not on the basis of the actual population of these minority religions. Relying on 2011 census, the petitioner points out that there are 18.38% of the population is comprised of Christian minority; whereas it is 26.56% for Muslim minority and therefore, there is no rationale in fixing the ratio as 80:20 between them. Pointing out the same, the petitioner has submitted Ext.P16 representation before the Government.

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Therefore, there shall be a direction to the 1^st respondent to take a decision

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on the claim raised by the petitioner in Ext.P16 representation within a period of four months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of accordingly.

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Sd/- (P.V.ASHA, JUDGE)

rtr/

W.P(C).No.444/2021-E

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE DATED 06.01.2016 ISSUED BY THE REGISTRAR OF SOCIETIES, KOTTAYAM.

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EXHIBIT P1 (a)	TRUE COPY OF THE BYE-LAW OF THE PETITIONER SOCIETY.
EXHIBIT P1 (b)	TRUE COPY OF THE RESOLUTION DATED 10.11.2020 AUTHORIZED ITS PRESIDENT TO CONDUCT CASE BEFORE THE HIGH COURT FOR AND AGAINST THE PETITIONER SOCIETY.
EXHIBIT P2	TRUE COPY OF GO(K) NO.57/2011 DATED 22.02.2011 ISSUED BY THE 1ST RESPONDENT WITH TYPED COPY.
EXHIBIT P3	TRUE COPY OF THE GO(RT) NO.5457/2013/GAD DATED 04.07.2013 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE GO(RT) NO.3427/2015/GAD DATED 08.05.2015 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5	A TRUE COPY OF REPLY DATED 14.10.2019 UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P6	A TRUE COPY OF THE GOVERNMENT NOTIFICATION DURING TH PERIOD OF 2018.
EXHIBIT P7	TRUE COPY OF THE BOOKLET OBTAINED UNDER THE RIGHT TO INFORMATION ACT 2005.
EXHIBIT P8	A TUE COPY OF A LIST DOWNLOADED BY WEBSITE, DIRECTORATE OF MINORITY WELFARE DEPARTMENT, GOVERNMENT OF KERALA.
EXHIBIT P9	A TRUE COPY OF LIST OF CENTRES DOWNLOADED FROM DEPARTMENT OF MINORITY WELFARE, GOVERNMENT OF KERALA.
EXHIBIT P10	A TRUE COPY OF THE REPLY DATED 28.03.2018 SENT BY THE ADMINISTRATIVE OFFICER, MINORITY WELFARE DIRECTORATE, THIRUVANANTHAPURAM.

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W.P(C).No.444/2021-E

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EXHIBIT P11	A TRUE COPY OF REPRESENTATION MADE BY ARCH BISHOP OF THRISSUR DIOCESE AND DIRECTOR OF EXCEL ACADEMY ON 14.08.2019.
EXHIBIT P12	A TRUE COPY OF REPRESENTATION MADE BY ARCH BISHOP OF THRISSUR DIOCESE AND DIRECTOR OF EXCEL ACADEMY ON 20.10.2017.
EXHIBIT P13	A TRUE COPY OF COVERING LETTER DATED 29.07.2019 ISSUED BY THE MINISTER FOR AGRICULTURE, V.S.SUNILKUMAR.
EXHIBIT P14	TRUE COPY OF THE ORDER NO.878/AD-2/2019 DATED 10.03.2019 ISSUED BY THE DEPARTMENT OF MINORITY WELFARE.
EXHIBIT P15	TRUE COPY OF THE JUDGMENT DATED 23.11.2020 IN WRIT PETITION (C) NO.25691/2020 OF THIS HON'BLE HIGH COURT.
EXHIBIT P16	TRUE COPIES OF THE REPRESENTATION DATED 25.11.2020 MADE TO THE 1ST RESPONDENT.
EXHIBIT P17	TRUE COPY OF POSTAL RECEIPT DATED 27.11.2020.
EXHIBIT P18	TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 02.12.2020.

Catholic Federation Charitable Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

Catholic Federation Charitable Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

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