Akilendia Nadar Association vs Union Of India
2023 Latest Caselaw 9206 Ker

WP(C) NO. 28111 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945

                          WP(C) NO. 28111 OF 2023

PETITIONER/S:
              AKILENDIA NADAR ASSOCIATIONREGISTRATION NO 214 OF
              1987, TC 73/1180, M.S.K NAGAR, ATTUKAL, MANACAUD P.O
              THIRUVANANTHUPURAM REPRESENTED BY ITS GENERAL
              SECRETARY, SRI D. SABUKUMAR., PIN - 695009
               BY ADV G.S.REGHUNATH

RESPONDENT/S:
      1        UNION OF INDIAREPRESENTED BY ITS PRINCIPAL SECRETARY,
               CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001
      2        THE SECRETARYMINISTRY OF SOCIAL JUSTICE AND
               EMPOWERMENT, GOVERNMENT OF INDIA, NEW DELHI, PIN -
               110001
      3        THE CHAIRMANNATIONAL COMMISSION FOR BACKWARD CLASSES,
               TRIKOOT-1, BHIKAJI CAMA PLACE, NEW DELHI, PIN -
               110066
      4        PRINCIPAL SECRETARYMINISTRY OF SOCIAL WELFARE
               GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001
      5        NATIONAL COMMISSION FOR BACKWARD CLASSESTRIKOOT-1,
               BHIKAJI CAMA PLACE, NEW DELHI, REPRESENTED BY ITS
               SECRETARY., PIN - 110066
      6        GOVERNMENT OF KERALAKERALA STATE COMMISSION FOR
               BACKWARD CLASSES, IIIRD FLOOR, AYYANKALI BHAVAN,
               KANAKA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN
               - 695003

OTHER PRESENT:
               SRI.S.MANU, DSGI
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28111 OF 2023               2


                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                    W.P.(C.) No. 28111 of 2023
                    --------------------------------------
               Dated this the 23rd day of August, 2023


                                 JUDGMENT

The above writ petition is filed with following prayers :

(i) That a writ of mandamus or other order be passed directing the respondents to consider Exhibits P5, P7, P8, P9 and P10 and pass orders on the same after giving an opportunity to the petitioner to be heard within a time to be fixed by this Hon'ble Court.

(ii) To dispense with the production of the translation of the vernacular documents produced in the writ petition.

(iii) That the petitioner be granted such further reliefs as are appropriate and incidental to this writ petition." [SIC]

2. The main prayer in this writ petition is to issue

direction to the respondents to consider Exts.P5, P7, P8, P9 and

P10. The petitioner is a Society registered under the Societies

Registration Act. According to the petitioner, the members of

the petitioner belongs to Nadar community of Hindu religion.

According to the petitioner, the persons who are members of

several Christian religion are illegally claiming the benefit of

Hindu Nadar community on the ground that they were

originally Nadar. The petitioner submitted representation

before several authorities and the same is not considered is the

grievance. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the

learned DSGI.

4. I do not want to make any observation about the

merit of the case. The petitioner submitted that they submitted

a representation before the 2nd respondent and that may be

directed to be considered within a time frame, with notice to a

representative of the petitioner. I think that prayer can be

allowed. The counsel for the petitioner also submitted that the

decision of this Court in Hindu Nadar Corporation v. State

of Kerala [2000 (3) KLT 740] is applicable to the facts and

circumstances of this case also.

Therefore, this writ petition is disposed of with the

following directions :

1) The 2nd respondent is directed to consider Exts.P5, P7,P8,

P9 and P10 after giving an opportunity of hearing to one

of the representative of the petitioner as expeditiously as

possible, at any rate, within four months from the date of

receipt of a certified copy of this judgment.

2) While deciding the matter, the 2nd respondent will also

consider the applicability of the judgment in Hindu

Nadar Corporation v. State of Kerala [2000 (3) KLT

740].

3) I make it clear that I have not considered the matter on

merit and the 2nd respondent is free to pass appropriate

orders in accordance with law.

4) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 28111/2023 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF LETTER DATED 08.07.2023 PASSED BY THE EXECUTIVE COMMITTEE OF THE PETITIONER AS PER THE RESOLUTION DATED 29.04.2023.

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAWS OF PETITIONER

Exhibit P3 A TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE OF INDIA DATED 13.9.1993

Exhibit P4 A TRUE COPY OF THE NOTIFICATION DATED 04.04.2000

Exhibit P4 (a) A TRUE COPY OF THE FINDINGS OF THE NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC), NCBC ADVICE NO. KERALA 57/99 DATED 28.05.1999

Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 22.2.2014

Exhibit P6 A TRUE COPY OF COMMUNICATION DATED 6.3.2014 RECEIVED FROM 1ST RESPONDENT

Exhibit P7 A TRUE COPY OF REPRESENTATION DATED 15.2.2016

Exhibit P8 A TRUE COPY OF REPRESENTATION DATED 13.12.2017 SUBMITTED TO 4TH RESPONDENT

Exhibit P9 A TRUE COPY OF REPRESENTATION DATED 10.07.2019

Exhibit P10 A TRUE COPY OF REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT DATED 08.07.2023