Sosamma Mathai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 3511 of 2010 (L) --------------------------- PETITIONER:

-------------------- SOSAMMA MATHAI, D/O. AMMINI CHANNAN NEDIYANIKUZHIYIL VEEDU, MALAVAYAL, THOVARIMALA P.O. SULTHAN BATHERY, WAYANAD DISTRICT.

BY ADV. SRI.S.M.PRASANTH RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHEDULED CASTE AND SCHEDULED TRIBE WELFARE, SECRETARIAT THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR, CIVIL STATION, KALPETTA NORTH, WAYANAD DISTRICT.

3. THE TAHSILDAR, SULTHAN BATHERY TALUK, SULTHAN BATHERY P.O.

WAYANAD DISTRICT.

R BY GOVERNMENT PLEADER SRI. C.K JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3511 of 2010 (L) APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER DATED 23.05.02.

EXT.P2 COPY OF THE COMMUNITY CERTIFICATE DATED 11.05.05 ISSUED TO PETITIONER'S DAUGHTER RIBEKA MATHAI. EXT.P3 COPY OF THE COMMUNITY CERTIFICATE DATED 28.05.2009 OF PETITIONER'S BROTHER'S DAUGHTER.

EXT.P4 COPY OF THE CERTIFICATE DATED 10.06.09 ISSUED BY THE TRIBAL PROMOTER AND OFFICER WORKING UNDER THE TRIBAL WELFARE DEPARTMENT.

EXT.P5 COPY OF THE CARD ISSUED TO THE PETITIONER UNDER THE FOOD FOR WORK AND FOOD SUPPORT PROGRAM.

EXT.P6 COPY OF THE REPRESENTATION DATED 11.06.09 SUBMITTED BY THE IMMEDIATE RELATIVES OF THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P7 COPY OF THE REPRESENTATION DATED 11.05.09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P8 COPY OF THE ORDER DATED 6.7.09 OF THE 2ND RESPONDENT. RESPONDENTS EXHIBITS:

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

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.3511 of 2010 - L ====================== Dated this the 13th day of August, 2015

J U D G M E N T

The petitioner, a converted Christian claims Scheduled Tribe status. The petitioner's application has been declined by the 2nd respondent by Ext.P8. The petitioner has to file a proper appeal as provided under Section 12 of the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.

In such circumstance, leaving open such remedy, the writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.