P.U Sreejith v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No.10846 of 2015 (E) --------------------------------------- PETITIONER:
------------------- P.U.SREEJITH,AGED 52 YEARS S/O P.A. UNNIKRISHNAN, AGED 17 YEARS (MINOR) REPRESENTED BY HIS FATHER P.A. UNNIKRISHNAN S/O AYYAPPAN, POKKATTUPARAMBIL HOUSE, PANDANAD CHENGANNUR.
BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR ALAPPUZHA-688001.
3. THE TAHSILDAR CHENGANNUR, ALAPPUZHA-689121.
BY GOVT. PLEADER SMT.SANTHAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pk
WP(C).No.10846 of 2015 (E) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:
------------------------------------ EXHIBIT P1:TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR DATED 21.3.2012.
EXHIBIT P2:TRUE COPY OF THE SSLC BOOK OF THE PETITIONER. EXHIBIT P3:TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE PETITIONER DATED 20.6.2013.
EXHIBIT P4:TRUE COPY OF THE SSLC BOOK OF THE PETITIONERS SISTER. EXHIBIT P5:TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR DATED 26.5.2012 IN FAVOUR OF THE PETITIONERS SISTER. EXHIBHIT P6:TRUE COPY OF THE CASTE CERTIFICATE DATED 31.5.2000 OF THE PETITIONER'S SISTER.
EXHIBIT P7:TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 8.6.2010 OF THE PETITIONERS SISTER.
EXHIBIT P8:TRUE COPY OF THE APPLICATION SUBMITTED BY THE ISSUANCE OF THE CASTE CERTIFICATE ALONG WITH REPORT.
EXHIBIT P9:TRUE COPY OF THE REPORT OF THE TAHSILDAR. EXHIBIT P10:TRUE COPY OF THE LEASE DEED.
EXHIBIT P11:TRUE COPY OF THE LETTER NO.C7.5854/2014 DATED 16.7.2014 OF THE TAHSILDAR.
EXHIBIT P12:TRUE COPY OF THE RELEVANT PAGES OF THE CASTES AND TRIBES OF SOUTHERN INDIA BOOK.
EXHIBIT P13:TRUE COPY OF THE PETITION SUBMITTED BEFORE THE DISTRICT COLLECTOR DATED 21.7.2014.
RESPONDENT'S EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 10846 of 2015 (E) ------------------------------------------ Dated this the 19th day of June, 2015
J U D G M E N T
The petitioner challenges Ext.P11, before the District Collector by Ext.P13, purportedly as an appeal from Ext.P11 order.
2.
The petitioner's contention is that he belongs to Hindu Paravan community, coming within the list of Scheduled Caste. However, by Ext.P11 the Tahsildar has directed the petitioner's father to produce the claim of his belonging to the Hindu Paravan Community, more specifically on the finding that the petitioner's father belongs to Hindu Chakamar Community. The Tahsildar has also directed the petitioner's father to produce the school certificate of the petitioner's mother to verify her caste status.
W.P.(C) No. 10846/2015 -23.
The learned Government Pleader submits that the petitioner is the progeny of an intercaste marriage and neither the petitioner's father nor the petitioner's mother belong to the Hindu Paravan Community. In any circumstance, there could be no appeal against Ext.P11 since the Tahsildar has merely asked the petitioner's father to produce the documents with respect to the caste status of the petitioner's father and mother. The petitioner shall produce the same before the Tahsildar and the Tahsildar will take appropriate action on it within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.
Writ petition is disposed of.
Sd/- K.VINOD CHANDRAN, JUDGE jjj