Sandeep Kallen vs State Of Kerala
2024 Latest Caselaw 16056 Ker

Kerala High Court

Sandeep Kallen vs State Of Kerala on 7 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                       WP(C) NO. 12073 OF 2018
PETITIONER:

            SANDEEP KALLEN
            AGED 25 YEARS, S/O. PAVITHRAN K.,PP II/324 A,
            (NEW NO.KC 8/90) PUZHATHI P.O.,KANNUR TALUK,
            KANNUR DISTRICT.

            BY ADVS.
            SRI.G.KRISHNAKUMAR
            SMT.M.L.REMYA


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            TRIVANDRUM - 695 001.

    2       TAHASILDAR
            TALUK OFFICE, KANNUR - 670 001.

    3       VILLAGE OFFICER
            PUZHATHI VILLAGE OFFICE,PUZHATHI P.O.,
            KANNUR - 670 005.

    4       VIGILANCE DIRECTOR
            KIRTHADS, KOZHIKODE - 673 001.


            BY ADV.
            SMT.PREETHA K. K, Sr. G. P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12073 OF 2018               -2-



                               JUDGMENT

The present writ petition is filed for following

reliefs:

"i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to issue community certificate under the Kerala Schedule Cast and Schedule Tribes Regulations of issuance of Community Certificate Act, 1994 to the petitioner showing his caste as Hindu- Pulaya.

ii. Pass an order Quashing condition No (ii) in the Ext P 8 G.O.(MS) 109/2008 SCSTDD dated 20.11.2008 as it is arbitrary, illegal unjustifiable, discriminatory and hence violative of Art 14,16 and 21 of the Constitution.

iii. Declare that the petitioner is entitled to get caste certificate showing his caste as Hindu- Pulaya community.

iv. issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

And

v. allow this Writ Petition (Civil) with cost."

When the writ petition is taken up for consideration

today, the learned Special Government Pleader for SCST

submitted before this Court that as per proceedings

dated 16.09.2021, orders have been issued by the

Deputy Director, KIRTADS, addressing the Tahsildar,

Kannur that the petitioner is entitled for Community

Certificate under the Scheduled Caste Category.

Accordingly, there would be a direction to the second

respondent to issue necessary certificate in terms of the

proceedings dated 16.09.2021 within a period of two

weeks from the date of receipt of the copy of the

judgment. Writ petition is ordered accordingly.

Sd/-

EASWARAN S. JUDGE

vv

APPENDIX OF WP(C) 12073/2018

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE DULY FILLED APPLICATION FORM OF THE PETITIONER, FOR ADMISSION TO KENDRIYA VIDHYALAYA, KANNUR

EXHIBIT P2. TRUE COPY OF THE ABSTRACT OF SCHOOL ADMISSION REGISTER ISSUED BY THE KENDRIYA VIDYALAYA, KANNUR

EXHIBIT P3. TRUE COPY OF THE CASTE CERTIFICATE DATED 10.2.1997 TO THE PETITIONER

EXHIBIT P4. TRUE COPY OF THE CASTE CERTIFICATE DATED 10.2.1997 TO THE PETITIONER

EXHIBIT P5. TRUE COPY OF THE COMMUNICATION DATED 8.3.2017 OF THE 2ND RESPONDENT ADDRESS TO THE 4TH RESPONDENT

EXHIBIT P6. TRUE COPY OF THE GO(MS)NO.109/2008/SCST DD DATED 20.11.2018

EXHIBIT P7. TRUE COPY OF THE COMMUNICATION DATED 20.3.2017 BY KANNUR CORPORATION PUZHATHI MEKHALA PULAYA SAMUDAYA SANGAM

EXHIBIT P8. TRUE COPY OF THE CALL LETTER FOR WRITTEN TEST ISSUED BY NMDC LTD