Vijayakumar T v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11871 of 2015 (H) ---------------------------- PETITIONER(S):
--------------
1. VIJAYAKUMAR T, S/O, THAPASI, MASS RESIDENCE, NEAR PONMANDAM JUMA MASHITH PONMANDAM , MALAPPURAM -676106
2. NANDU DEV V.R., S/O. VIJAYAKUMAR MASS RESIDENCE, NEAR PONMANDAM JUMA MASJITH PONMANDAM, MALAPPURAM -676106
3. NITHIN DEV V.R., S/O. VIJAYAKUMAR , MASS RESIDENCE, NEAR PONMANDAM JUMA MASJITH, PONMANDAM, MALAPPURAM -676106 BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHEDULED CASTE/SCHEDULED TRIBE, SECRETARIAT, THIRUVANANTHAPURAM -695001
2. CHAIRMAN, SCRUTINY COMMITTEE , DIRECTORATE OF KIRTADS, KOZHIKODE -17
3. VIGILANCE OFFICER VIGILANCE CELL, DIRECTORATE OF KIRTADS, KOZHIKODE-17 R BY GOVERNMENT PLEADER SRI. JAYAKUMAR C.K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11871 of 2015 (H) ---------------------------- APPENDIX PETITIONERS EXHIBITS EXT.P1 COPY OF THE NOTIFICATION DATED 18-1-1985 PUBLISHED IN KERALA GAZETTE DATED 26-2-1985 EXT.P2 COPY OF THE SUDHI CERTIFICATE ISSUED BY ARYA SAMAJ THIRUVANANTHAPURAM EXT.P3 COPY OF the CERTIFICATE ISSUED BY VILLAGE OFFICER.
EXT.P4 COPY OF THE MARRIAGER CERTIFICATE DATED 19-8-1992 EXT.P5 COPY OF THE SSLC CERTIFICATE OF THE 2ND PETITIONER.
EXT.P6 COPY OF THE SSLC CERTIFICATE OF THE 3RD PETITIONER.
EXT.P7 COPY OF THE LETTER DATED 3-3-2014 ISSUED TO 2ND PETITIONER.
EXT.P8 COPY OF THE LETTER DATED 3-3-2014 ISSUED TO THE 3RD PETITIONER.
EXT.P9 COPY OF THE COMMON ANTHROPOLOGICAL REPORT TOGETHER WITH DOCUMENTS.
EXT.P10 COPY OF THE COMMUNITY CERTIFICATE OF 2ND PETITIONER.
EXT.P10(a) COPY OF THE COMMUNITY CERTIFICATE OF 3RD PETITIONER.
EXT.P11 COPY OF CERTIFICATE DATED 3-6-2014 EXT.P12 COPY OF THE APPEAL DATED 19-6-2014 RESPONDENTS EXHIBITS NIL TRUE COPY SMM P.A TO JUDGE
P.R. RAMACHANDRA MENON,J ................................................. . .............................................. Dated this the 9th day of April, 2015.
J U D G M E N T
The petitioners have approached this Court with the following prayers:
i) to issue a writ of certiorari quashing Exts.P7, P8 and P9 as unjust, illegal and arbitrary;
ii) to declare that 2nd and 3rd petitioners are persons belonging to Ayyanavur (Hindu) community and they are entitled to all the benefits due to persons belonging to Scheduled Caste;
iii) to issue a writ of mandamus directing the 1st respondent to consider and pass orders in Ext.P12 after affording the petitioners in opportunity of hearing; iv) to issue such other orders, directions, or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.
2. Being aggrieved of Ext.P9 Anthropological report, the petitioners have already moved the first respondent by Ext.P12 appeal. The prayer is to cause the same to be considered and disposed of within a reasonable time.
3. Heard the learned Government Pleader as well.
3. After hearing both the sides, the writ petition is disposed of directing the first respondent to finalise Ext.P12 appeal in accordance with law after giving an opportunity of hearing to the petitioners, at the earliest, at any rate, within a period of 'three months' from the date of receipt of a copy of this judgment.
The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE smm