Kerala High Court
Akilendia Nadar Association vs Union Of India on 23 August, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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
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W.P.(C.) No. 28111 of 2023
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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 WP(C) NO. 28111 OF 2023 3 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 WP(C) NO. 28111 OF 2023 4 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 WP(C) NO. 28111 OF 2023 5 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