Disposed

Dhanesh Kumar K.S. v. State of Kerala

Kerala HC18 Dec 2023WP(C)/12163/2023

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam, hearing a writ petition filed by two individuals against the State of Kerala and KIRTADS, directed the State to consider the petitioners' claim in light of the KIRTADS report within a time frame to be fixed, without dictating the manner of the decision.

What did the court decide?

Directed the first respondent to consider the petitioners' claim within a time frame to be fixed by this Court.

Dhanesh Kumar K.S. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 18^TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945

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WP(C) NO. 12163 OF 2023

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PETITIONERS:

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1 DHANESH KUMAR K.S. KANAKATH PARAMBIL HOUSE, CHITTOOR ROAD, ERNAKULAM, KOCHI, PIN - 682018 2 MANOJ MANIYAN, THUSHARAM, VELIYAMPARAMBIL, KUTTANTHURTHU, THATHAPPILLY P.O, NORTH PARAVUR, ERNAKULAM, PIN - 683520 BY ADVS. SHYAM KRISHNAN N.B.SUNILNATH GENS GEORGE ELAVINAMANNIL S.K.HARISH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, THE DEPARTMENT OF SCHEDULE CASTES AND SCHEDULE TRIBES GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADS) CHEVAYUR, KOZHIKODE, PIN - 673017 BY ADV. SMT.LATHA T.THANKAPPAN – SPL.GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.12163 of 2023

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: 2 :

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JUDGMENT

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When this matter was called today, Sri.N.B.Sunilnath – learned counsel for the petitioner, prayed that since the learned Special Government Pleader has produced on record a report of the “Kerala Institute for Research Training and Development Studies of Scheduled Castes and Scheduled Tribes” (KIRTADS) along with a Statement dated 06.11.2023, the 1^st respondent – Government of Kerala be directed to consider his client's claim, within a time frame to be fixed by this Court.

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Smt.Latha T. Thankappan – learned Special Government Pleader, in response, submitted that the matter is still pending before the Government, which will take a final decision, adverting to the report of the “KIRTADS” also. She submitted that, however, it will not be up to the petitioners to demand that the Government of Kerala take a decision in a particular manner; and that it is within their discretion to decide whether the matter should be then finally referred to the Government of India. She added that, however, while such a decision is taken, Ext.P10 guidelines will also be adverted to.

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W.P.(C).No.12163 of 2023

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: 3 :

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Taking note of the afore submissions of Smt.Latha T. Thankappan and recording the same, I close this writ petition;

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however, leaving liberty to the petitioners to approach this Court again, if so required in future.

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Sd/DEVAN RAMACHANDRAN JUDGE

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anm

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W.P.(C).No.12163 of 2023

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: 4 :

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APPENDIX OF WP(C) 12163/2023

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PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE ORDER NO R.DIS 15124 DATED 12-08-1937 ISSUED BY THE ERSTWHILE MAHARAJA OF KOCHI
Exhibit	P2	TRUE COPY OF THE EXTRACT OF THE REPORT DATED 14-01-1980 SUBMITTED BY THE 2ND RESPONDENT.
Exhibit	P3	TRUE COPY OF THE RECOMMENDATION LETTER NO 65486/V2/78/DD DATED 18-10-1981 ISSUED BY THE 1ST RESPONDENT.
Exhibit	P4	TRUE COPY OF THE LETTER NO 65486/E2/78/HWD DATED 21-07-1982 ISSUED BY THE SPECIAL SECRETARY TO HARIJAN WELFARE (E) DEPARTMENT TO THE GOVERNMENT OF INDIA
Exhibit	P5	TRUE COPY OF THE SUBMISSION DATED 18-01- 2021 MADE BY SHRI. V.D.SATHEESAN, MLA AND THE REPLY BY SHRI KADAKAMPALLY SURENDRAN, THE MINISTER IN CHARGE FOR SCHEDULED CASTES AND SCHEDULED TRIBES
Exhibit	P6	TRUE COPY THE SUBMISSION MADE BY SHRI K.N.UNNIKRISHNAN, MLA, VYPEEN ON 29-8- 2022 BEFORE THE 15TH SESSION OF THE KERALA LEGISLATIVE ASSEMBLY AND THE ANSWER BY SHRI. K. RADHAKRISHNAN, THE MINISTER FOR SCHEDULED CASTES AND SCHEDULED TRIBES, GOVERNMENT OF KERALA
Exhibit	P7	TRUE COPY OF THE RELEVANT PAGES (PAGES 106 TO 110) OF THE BOOK WRITTEN BY EDGAR THURSTON - THE CASTES AND TRIBES OF SOUTHERN INDIA (1909).
Exhibit	P8	TRUE COPY OF THE LETTER NO 1-2- 2003/CM/9218 DATED 19-06-2003, ISSUED BY THE THEN CHIEF MINISTER OF GOA, TO THE MINISTER OF STATE FOR DEFENCE, UNION OF INDIA
Exhibit	P9	TRUE COPY OF THE LETTER NO. 6920/G/SCSTDD DATED 26.03.2007, ISSUED BY THE 1ST RESPONDENT TO THE DIRECTOR (SCD) MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAVAN, GOVERNMENT OF INDIA
Exhibit	P10	TRUE COPY OF THE MINUTES DATED 23-06-2017 OF THE MEETING OF THE NATIONAL COMMISSION OF SCHEDULED TRIBES, GOVERNMENT OF INDIA, ALONG WITH THE COVERING LETTER DATED 16-

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W.P.(C).No.12163 of 2023

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08-2017, TO ALL THE RESEARCH INSTITUTES, INCLUDING THE 2ND RESPONDENT, KIRTADS. RESPONDENT ANNEXURES Annexure R2 (a) TRUE COPY OF THE STUDY REPORT NO. V.4388/17DATED 12/06/2023.

Dhanesh Kumar K.S. v. State of Kerala

Case brief

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Dhanesh Kumar K.S. v. State of Kerala

Case brief

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