Kerala High Court
Nandana Vinu vs State Of Kerala on 23 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
WP(C) NO. 6850 OF 2024(E)
PETITIONER:
NANDANA VINU, AGED 18 YEARS, D/O. DR. VINU.A., MIDHILA HOUSE, NEAR
VELLURILLAM SCHOOL, CHALA EAST, KANNUR DISTRICT., PIN - 670621
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
SCHEDULED CASTE AND SCHEDULED TRIBES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2. THE DIRECTOR, DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKODE., PIN -
673017
3. THE TAHSILDAR, TALUK OFFICE, VELLARIKUNDU, KASARAGOD, PIN - 671121
4. THE VILAGE OFFICER, KALLAR VILLAGE, KASARAGOD, PIN - 671121
5. THE SENIOR DIRECTOR(EXAM) NATIONAL TESTING AGENCY, DEPARTMENT OF
HIGHER EDUCATION, MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, FIRST
FLOOR, NSIC, MDBP BUILDING, OKHLA INDUSTRIAL ESTATE, PIN - 110020
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
i) direct the 3rd respondent to issue Community Certificate to the
petitioner of the Caste status of Scheduled Tribe community,
provisionally.
ii) direct the 5th respondent to accept the Provisional Community
Certificate of Scheduled Tribe Community, issued by the 3rd respondent.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.M.SASINDRAN & JOGGY MATHUNNI Advocates for the petitioner and of
GOVERNMENT PLEADER for respondents 1 to 4, the court passed the following:
ANNEXURE IN WP(C) 6850/2024
Exhibit P7: A TRUE COPY OF THE JUDGMENT DATED 28.11.2023 IN
WP(C)NO.39678/2023 OF THIS HON'BLE COURT.
DEVAN RAMACHANDRAN, J.
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WP(C) No.6850 of 2024
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Dated this the 23rd day of February, 2024
ORDER
The petitioner admits that she had obtained Ext.P7 judgment,
wherein, all which was sought was that her statutory Appeal be decided.
2. Going by the judgment in question, this request was granted
and three months time was fixed.
3. It is conceded that this three month time has not elapsed; but
the petitioner has still chosen to approach this Court, seeking a
direction to the 3rd respondent to issue to her a Community Certificate,
which had been denied in Ext.P7. This certainly presents a difficult
situation because, even in the writ petition, the petitioner does not
specifically say that the time fame fixed in Ext.P7 is now over, before
which she could have again asked for a prayer which was impelled in
the said writ petition, but denied, fixing a time frame for disposal of the
Appeal alone.
I, therefore, adjourn this matter to be called on 28.02.2024, for the
learned Government Pleader to respond to the afore issue.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
MC
23-02-2024 /True Copy/ Assistant Registrar
