Kavitha. M vs The Thahasildar
2024 Latest Caselaw 13084 Ker

Kerala High Court

Kavitha. M vs The Thahasildar on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        WP(C) NO. 23142 OF 2016
PETITIONER/S:

    1       KAVITHA. M
            AGED 17 YEARS, D/O. MONY, REPRESENTED BY HER MOTHER
            PONNUKUTTY, POTHUMMALA DIVISION, NELLIYAMPATHY,
            PALAKKAD DISTRICT-678 508.

    2       SUCHITHRA S.
            AGED 17 YEARS, D/O. SURESH, REPRESENTED BY HER FATHER
            SURESH, NELLIYAMPATHY, PALAKKAD DISTRICT-678 508.

            BY ADV SRI.V.V.SURESH


RESPONDENT/S:

    1       THE THAHASILDAR
            CHITTOOR TALUK, PALAKKAD-678 101.

    2       THE VILLAGE OFFICER
            NELLIYAMPATHY VILLAGE, PALAKKAD-678 511.

    3       THE HEAD MASTER
            THE GOVT. MOYAN MODEL GIRLS H.S.S., PALAKKAD-678 101.

    4       THE PRINCIPAL
            N.S.S.COLLEGE, NENMARA, PALAKKAD-678 001.


OTHER PRESENT:

            SRI. ROBIN RAJ (SPL GP SC/ST)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.23142/2016                   -2-

                               JUDGMENT

The petitioners claim that they are entitled to caste certificate

describing them as belonging to a Scheduled Tribe community known as

'Hindu Malayali'.

2. Learned Government Pleader would submit that in so far as in the

list of Scheduled Tribes prepared for State of Kerala in terms of the provisions

contained under Article 243 of the Constitution of India, the 'Hindu Malayali'

Community is not included as a Scheduled Tribe community. Since the

'Hindu Malayali' community is not a Scheduled Tribe community in the State

of Kerala, the relief sought for in this writ petition cannot be granted. Writ

petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 23142/2016

PETITIONER EXHIBITS

P1 COPY OF THE SSLC CERTIFICATED ISSUED BY THE GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA TO THE 1ST PETITIONER DATED 27.4.2016.

P2 COPY OF THE SSLC CERTIFICATED ISSUED BY THE GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA TO THE 2ND PETITIONER DATED 16.4.2011.

P3 A COPY OF THE INTERIM ORDER IN WPC NO.19810/2013 DATED 23.8.2013.

P4 A COPY OF THE PROVISIONAL ST CERTIFICATED ISSUED BY THE TAHSILDAR, CHITTOOR DATED NIL ISSUED AS PER DIRECTION OF THIS COURT TO ONE OF THE PETITIONERS IN THE ABOVE WRIT PETITION.

P5 A COPY OF THE PLUS ONE ADMISSION 2016 SINGLE WINDOW CANDIDATE TRIAL ALLOTMENT OF THE 1ST PETITIONER.

P6 COPY OF THE PROVISIONAL ADMISSION FOR B.A.MALAYALAM IN NSS COLLEGE, NENMARA OF UNIVERSITY OF CALICUT.

P7 A COPY OF THE REPRESENTATION FILED BY MR.MANIKANDA, PRESIDENT HINDU MALAYALI PATTIGAVARGA SAMUDAYAM, NELLIYAMPATHY PANCHAYATH, DATED 25.6.2016.

P8 COPY OF THE INTERIM ORDER DATED 4.7.2016 IN WPC NO.22486/2016.