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High Court of KeralaWA/1305/2013disposed of

State Of Kerala v. Santhosh K.

2015-04-08Honourable Mr. Justice Alexander Thomas,Honourable Mr.Justice Antony Dominic4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WA.No. 1305 of 2013 () IN WP(C).15760/2013 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 15760/2013 of HIGH COURT OF KERALA DATED 28-06-2013 APPELLANT(S)/RESPONDENTS IN THE WRIT PETITION: -----------------------------------------------------------------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT SCHEDULED CASTE/SCHEDULED TRIBES DEVELOPMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE TAHSILDAR TALUK OFFICE, PALAKKAD

3. THE DIRECTOR DIRECTORATE OF KIRTADS, KOZHIKODE.

BY ADV.SPL. GOVERNMENT PLEADER SMT.P.SANTHAMMA RESPONDENT(S)/PETITIONER IN THE WRIT PETITION : ------------------------------------------------------------------------------- SANTHOSH K., AGED 35, S/O.KRISHNANKUTTY, KOZHELODU PARAMBU, P.O.PALLATHERY PALAKKAD-678007.

R1 BY ADV. SRI.M.R.VENUGOPAL R1 BY ADV. SMT.DHANYA P.ASHOKAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO.1305/13 APPENDIX APPELLANTS' EXHIBITS ANNEXURE 1:

TRUE COPY OF THE LETTER DATED 7.5.13 WITH ENGLISH TRANSLATION SUBMITTED BY THE 1ST RESPONDENT BEFORE THE VIGILANCE OFFICER, KIRTADS, KOZHIKODE. //True Copy// PA to Judge Rp

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

=============================== Writ Appeal No. 1305 of 2015 ===================== Dated this the 8th day of April, 2015

J U D G M E N T

Antony Dominic, J.

The appellants have filed this appeal against the interim order dated 28/6/13 passed in WP(C) No.15760/13 filed by the respondent herein. By the said interim order, learned single Judge directed the appellants to issue a provisional caste certificate treating the respondent as belonging to Arunthathiyar, which is a Scheduled Caste.

2.

When this appeal came up for admission, this Court passed interim order dated 3/9/13 staying the interim order of the learned single Judge but clarifying that the order will not stand in the way of processing of the appeal before the Scrutiny Committee. Both sides submit that the writ petition is still pending. In such circumstances and having regard to the long lapse of time, we do not think it necessary to keep the writ appeal pending to consider the merits of the rival contentions and according to us, the proper course to be adopted now is to leave the parties to expedite the disposal of the writ petition itself.

W.A.No.1305/13 : 2 :

3.

Therefore, vacating the interim order passed by the learned single Judge, this writ appeal is disposed of leaving it open to the parties to expedite disposal of the writ petition itself. Registry will post the writ petition for an early hearing. Sd/- ANTONY DOMINIC JUDGE Sd/- ALEXANDER THOMAS JUDGE Rp //True Copy// PA to Judge