Vaikunda Swami Dharma Pracharana Sabha (Vsdp) v. Akilendia Nadar Association(Ana)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WA.No. 915 of 2015 () IN WP(C).2106/2015 ------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 2106/2015 DATED 20-02-2015 -------------- APPELLANTS/SPECIAL PETITIONERS :- ----------------------------------

1. VAIKUNDA SWAMI DHARMA PRACHARANA SABHA (VSDP) REG NO.1/2007, VSDP SAMSTHANA KARYALAYAM VAIKUNDABHAVAN, THYCAUD P.O., THIRUVANANTHAPURAM-14 REPRESENTED BY ITS CHAIRMAN, VISHNUPURAM CHANDRASEKHARAN.

2. BACKWARD NADAR CHRISTIAN FEDERATION TRUST, BETHEL LUTHERAN CHURCH HOUSE, VAZHUTHOOR NEYYATTINKARA, THIRUVANANTHAPURAM, PIN:695 121 REPRESENTED BY ITS PRESIDIENT REV.L.T.PAVITHRA SINGH.

3. VISHNUPURAM CHANDRASEKHARAN, AGED 49 YEARS S/O RAJAYYAN NADAR, INDRAPRASTHAM, VISHNUPURAM NEYYATTINKARA, THIRUVANANTHAPURAM, PIN:695121. BY ADVS.SRI.P.G.PRAMOD SRI.N.KRISHNA PRASAD RESPONDENTS/PETITIONER AND RESPONDENTS IN THE WRIT PETITION :- ---------------------------------------------------------------

1. AKHILENDIA NADAR ASSOCIATION (ANA) (PREVIOUS NAME :HINDU NADAR COPORATION, REGISTRATION NO.214/1987 REPRESENTED BY ITS GENERAL SECRETARY, K.VASUDEVAN CENTRAL OFFICE, LEKSHMI ILLAM, TC.40/294(1) 2ND PUTHEN STREET, THIRUVANANTHAPURAM-695 009

2. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

WA.No. 915 of 2015 () IN WP(C).2106/2015 ------------------------------------------

3. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT BACKWARD COMMUNITY DEVELOPMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

ADDL.4.SOUTH INDIA UNITED CHURCH NADAR (SIUC NADAR), REPRESENTED BY ITS PRESIDENT, RT.REV.A DHARMARAJ RASALAM, BISHOP CSI, SOUTH KERALA DIOCESE, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM.

ADDLITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 18.6.2015 IN I.A.No.659/2015.

ADDL.5.THE AYYA VAIKUNDASWAMY MISSION REG.No.T 8/2010. PRAVACHAMBALAM, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY APPU N., AGED 58 YEARS, S/O.NARAYANAN NADAR, RESIDING AT ANU NIVAS, NEAR R C CHURCH, MANGALATHKONAM, KATTACHALKUZHI P.O., THIRUVANANTHAPURAM - 695 509. ADDL.6.S.SUDHI, AGED 53 YEARS, S/O.SREEDHARAN, JOINT SECRETARY, THE AYYA VAIKUNDASWAMY MISSION REG.No.T 8/2010, PRAVACHAMBALAM, THIRUVANANTHAPURAM DISTRICT, RESIDING AT RAGAM NIVAS, PUTHENKANAM, KATTACHALKUZHY P.O., THIRUVANANTHAPURAM DISTRICT-695 509. ADDL.RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER ORDER DATED 18.6.2015 IN I.A.No.672/2015.

R1 BY ADV. SRI.G.S.REGHUNATH ADDL.R4 BY ADV. SRI.P.C.SASIDHARAN SRI.ARAVINDA KUMAR BABU T.K.

ADDL.R5 & R6 BY ADV. SRI.S.M.PRASANTH SRI.C.DINESH SRI.G.RENJITH SMT.AMMU CHARLES JINNU SARA GEORGE R2 & R3 BY SPL.GOVERNMENT PLEADER SMT.P.K.SANTHAMMA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18-062015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WA.NO.915 OF 2015 APPENDIX APPELLANTS' EXHIBITS :- ANNEXURE A1 :- TRUE COPY OF THE PROCEEDINGS OF THE NATIONAL COMMISSION FOR BACKWARD CLASSES DATED 28.5.1999. ANNEXURE A2 :- TRUE COPY OF THE CONSEQUENT PROCEEDINGS DATED 4.4.2000 IMPLEMENTING THE FINDINGS IN ANNEXURE A1. RESPONDENT'S EXHIBITS :- NIL.

//TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.A. No.915 of 2015 --------------------------------- Dated this the 18th day of June 2015

J U D G M E N T

Ashok Bhushan, CJ The appellants are the third parties in the writ petition, who had filed the appeal after seeking special leave of court. They challenge the judgment dated 20.2.2015 in W.P.(C) No.2106 of 2015.

2.

Learned counsel for the appellants submits that the issue is now referred to One Man Commission by the State Government. It is submitted that certain observations made by the learned Single Judge prejudiced their rights. The appellants claim that the learned Single Judge has directed to treat the Hindu Nadar and SIUC Nadar as different category.

3.

We have heard the learned counsel appearing for the parties and perused the judgment.

4.

In the judgment dated 20.2.2015, the learned Single Judge has neither issued any direction to the Commission nor made any observation as contended by the learned counsel for the appellants. The learned Single Judge has observed that it is open

W.A. No.915 of 2015 -: 2 :- for the Commission to consider the relevant aspects with regard to the members of the Hindu Nadar Community.

5.

Learned counsel appearing for the impleaded respondents submits that the issue is already covered by the judgment of the Apex Court in President, SIUC v. State of Kerala and others [(2006) 9 SCC 354].

6.

Be that as it may, since the learned Single Judge has not issued any direction, we are of the view that, as observed by the learned Single Judge in the judgment dated 20.2.2015, the matter be considered by the Commission and to proceed with further steps. No interference is called for in the said judgment. All parties are free to canvass their case before the Commission subject to decision, which have already been settled by the judgment of this Court and the Apex Court.

With these observations, this writ appeal is dismissed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt