Catholic Federation Charitable ... vs State Of Kerala
2021 Latest Caselaw 609 Ker

W.P(C).No.444/2021-E              1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.444 OF 2021(E)


PETITIONER:


               CATHOLIC FEDERATION CHARITABLE SOCIETY
               REG.NO.KTM/TC/40/2016, KOTTAYAM-686 001,
               REPRESENTED BY PRESIDENT, ADV.MR.P.P.JOSEPH.

               BY ADV. SRI.JOSSY KURIAN


RESPONDENTS:

       1       STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPARTMENT OF MINORITY
               WELFARE, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

       2       THE DIRECTOR, DIRECTORATE OF MINORITY WELFARE,
               4TH FLOOR, VIKAS BHAVAN,
               THIRUVANANTHAPURAM-695 033.


               SMT.VINITHA.B, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.444/2021-E                        2




                                      P.V.ASHA, J.
                   -----------------------------------------------------
                              W.P(c) No.444 of 2021 - E
                    ----------------------------------------------------
                       Dated this the 7th day of January, 2020

                                  JUDGMENT

The petitioner Society claims that the Government orders Exts.P2 to P4 are

contrary to the provisions contained in Section 9(k) of the Kerala State Commission for

Minorities Act, 2014. According to the petitioner Society, the ratio of 80:20 between the

minority religions Muslim and Christian is not correct and it is not on the basis of the

actual population of these minority religions. Relying on 2011 census, the petitioner

points out that there are 18.38% of the population is comprised of Christian minority;

whereas it is 26.56% for Muslim minority and therefore, there is no rationale in fixing

the ratio as 80:20 between them. Pointing out the same, the petitioner has submitted

Ext.P16 representation before the Government.

2. Therefore, there shall be a direction to the 1 st respondent to take a decision

on the claim raised by the petitioner in Ext.P16 representation within a period of four

months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE DATED 06.01.2016 ISSUED BY THE REGISTRAR OF SOCIETIES, KOTTAYAM.

EXHIBIT P1 (a) TRUE COPY OF THE BYE-LAW OF THE PETITIONER SOCIETY.

EXHIBIT P1 (b) TRUE COPY OF THE RESOLUTION DATED 10.11.2020 AUTHORIZED ITS PRESIDENT TO CONDUCT CASE BEFORE THE HIGH COURT FOR AND AGAINST THE PETITIONER SOCIETY.

EXHIBIT P2 TRUE COPY OF GO(K) NO.57/2011 DATED 22.02.2011 ISSUED BY THE 1ST RESPONDENT WITH TYPED COPY.

EXHIBIT P3 TRUE COPY OF THE GO(RT) NO.5457/2013/GAD DATED 04.07.2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE GO(RT) NO.3427/2015/GAD DATED 08.05.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF REPLY DATED 14.10.2019 UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P6 A TRUE COPY OF THE GOVERNMENT NOTIFICATION DURING TH PERIOD OF 2018.

EXHIBIT P7 TRUE COPY OF THE BOOKLET OBTAINED UNDER THE RIGHT TO INFORMATION ACT 2005.

EXHIBIT P8 A TUE COPY OF A LIST DOWNLOADED BY WEBSITE, DIRECTORATE OF MINORITY WELFARE DEPARTMENT, GOVERNMENT OF KERALA.

EXHIBIT P9 A TRUE COPY OF LIST OF CENTRES DOWNLOADED FROM DEPARTMENT OF MINORITY WELFARE, GOVERNMENT OF KERALA.

EXHIBIT P10 A TRUE COPY OF THE REPLY DATED 28.03.2018 SENT BY THE ADMINISTRATIVE OFFICER, MINORITY WELFARE DIRECTORATE, THIRUVANANTHAPURAM.

EXHIBIT P11 A TRUE COPY OF REPRESENTATION MADE BY ARCH BISHOP OF THRISSUR DIOCESE AND DIRECTOR OF EXCEL ACADEMY ON 14.08.2019.

EXHIBIT P12 A TRUE COPY OF REPRESENTATION MADE BY ARCH BISHOP OF THRISSUR DIOCESE AND DIRECTOR OF EXCEL ACADEMY ON 20.10.2017.

EXHIBIT P13 A TRUE COPY OF COVERING LETTER DATED 29.07.2019 ISSUED BY THE MINISTER FOR AGRICULTURE, V.S.SUNILKUMAR.

EXHIBIT P14 TRUE COPY OF THE ORDER NO.878/AD-2/2019 DATED 10.03.2019 ISSUED BY THE DEPARTMENT OF MINORITY WELFARE.

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 23.11.2020 IN WRIT PETITION (C) NO.25691/2020 OF THIS HON'BLE HIGH COURT.

EXHIBIT P16 TRUE COPIES OF THE REPRESENTATION DATED 25.11.2020 MADE TO THE 1ST RESPONDENT.

EXHIBIT P17 TRUE COPY OF POSTAL RECEIPT DATED 27.11.2020.

EXHIBIT P18 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 02.12.2020.