Nikhila vs State Of Kerala Rep.By The Chief ...
2021 Latest Caselaw 10087 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                 WP(C).No.18040 OF 2020(D)

PETITIONERS:

     1     NIKHILA, AGED 21 YEARS, D/O. BIJU G.,
           NIKHILA NIVAS, EDAKAD (P.O.),
           PORUVAZHY, KOLLAM, PIN-691 552.

     2     NEERAJA A., AGED 18 YEARS, D/O. BIJU G.,
           NIKHILA NIVAS, EDAKAD (P.O), PORUVAZHY,
           KOLLAM, PIN-691 552.

           BY ADVS.
           SRI.L.G.SURESH BABU
           SRI.KARTHIK BHAVADASAN

RESPONDENTS:
      1     STATE OF KERALA REP.BY THE CHIEF SECRETARY,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

     2     SCRUTINY COMMITTEE, SCHEDULE CASTES/
           SCHEDULE TRIBES DEVELOPMENT DEPARTMENT,
           REP. BY JOINT SECRETARY TO THE GOVERNMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

     3     SCREENING COMMITTEE, REP.BY COMMISISONER FOR
           ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING,
           SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

     4     TAHSILDAR, TALUK OFFICE, KUNNATHOOR,
           SASTHAMKOTTA, KOLLAM, PIN-690 521.

     5     KIRTADS, KERALA INSTITUTE FOR RESEARCH
           TRAINING, VIGILANCE CELL, REPRESENTED BY
           DIRECTOR, KOZHIKODE-673 017.

           BY SPECIAL GOVT. PLEADER SRI. M.K.ROBIN RAJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.18040/2020
                                  :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 25th day of March, 2021

The writ petition is filed seeking to declare that the

petitioners and their father belong to Hindu Pulaya

Community. Incidental reliefs are also sought for.

2. The writ petition was heard on 13.01.2021. After

dictating judgment, but before signing, it was noticed that

Ext.P13, a material document produced by the petitioners, is

incomplete. The case was hence posted again on

22.01.2021. On 22.01.2021, the petitioners were required to

show-cause as to why the writ petition should not be

dismissed for production of incomplete document. The case

was posted to 05.02.2021.

3. On 05.02.2021, when the case was taken up, the

counsel for the petitioners submitted that he is relinquishing

the Vakalat of the petitioners. Hence, the case was posted to WP(C) No.18040/2020

12.02.2021. On 12.02.2021, Advocate L.G. Suresh Babu

entered appearance on behalf of the petitioners. The case

was posted on various days thereafter. On 17.03.2021,

18.03.2021, 19.03.2021, 22.03.2021, 23.03.2021 and today,

neither the petitioners nor the counsel appeared.

In the circumstances, the writ petition is dismissed

for non-prosecution.

Sd/-

N. NAGARESH, JUDGE

aks/26.03.2021 WP(C) No.18040/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SUDDHI CERTIFICATE ISSUED TO THE PETITIONERS AND THEIR FATHER DATED 6.7.2015 BY ARYA SAMAJ.

EXHIBIT P2 A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 18.8.2015 ISSUED BY THE AUTHORITY CONCERNED.

EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE ISSUED TO THE IST PETITIONER DATED 29.12.2015 BY THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE IST PETITIONER DATED 15.6.2016.

EXHIBIT P5 A TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 4.7.2016.

EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 11.3.2016 ISSUED BY THE 3RD RESPONDENT COMMITTEE TO THE IST PETITIONER.

EXHIBIT P7 A TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE IST PETITIONER DATED 18.3.2016.

EXHIBIT P8 A TRUE COPY OF THE GENEALOGICAL PROFORMA SUBMITTED BY THE IST PETITIONER TO THE 5TH RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE STATEMENT SUBMITTED BEFORE THE 5TH RESPONDENT BY THE FATHER OF THE PETITIONERS DATED 7.4.2016.

EXHIBIT P10 A TRUE COPY OF THE ANTHROPOLOGICAL REPORT SUBMITTED TO THE 3RD RESPONDENT BY THE 5TH RESPONDENT DATED 8.6.2016.

WP(C) No.18040/2020

EXHIBIT P11 A TRUE COPY OF ORDER NO. B3-589/16/CEE(39) DATED 25.6.2016 PASSED BY THE 3RD RESPONDENT COMMITTEE.

EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED 22.2.2017 ISSUED BY THE 2ND RESPONDENT COMMITTEE.

EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 29.5.2017 PASSED BY THE 2ND RESPONDENT COMMITTEE.

EXHIBIT P14 A TRUE COY OF THE ORDER DATED 28.6.2017 PASSED BY THE IST RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PULAYAR MAHA SABHA DATED 10.11.2017.

EXHIBIT P16 A TRUE COPY OF THE CERTIFICATE DATED 10.1.2018 BY PORUVAZHI PENVIRUTHY MALANADA DEVASWOM COMMITTEE.

EXHIBIT P17 A TRUE COPY OF THE CERTIFICATE DATED 2.2.2018 ISSUED BY THE SECRETARY OF THE TEMPLE.

EXHIBIT P18 A TRUE COPY OF COMMUNICATION DATED 4.8.2017 ISSUED BY THE SCHEDULE CASTE DEVELOPMENT OFFICER, BLOCK PANCHAYAT, SASTHAMCOTTA.

EXHIBIT P19 A TRUE COPY OF THE INTIMATION DATED 13.6.2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P20 A TRUE COY OF THE ORDER DATED 19.8.2019 PASSED IN WPC NO.41860 OF 2018 BY THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS

EXHIBIT R1(a) TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONERS' FATHER BIJU GEORGE FROM H.S. BOYS, KADAMPANAD, WHEREIN HIS CASTE IS ENTERED AS 'PULAYA CHRISTIAN'

EXHIBIT R1(b) TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 1ST RESPONDENT NIKHILA.

EXHIBIT R1(c) TRUE COPY OF GO(MS) NO.109/2008/SCSTDD DATED 20.11.2008.

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