Sai Krishna J.P vs State Of Kerala on 17 October, 2024

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Kerala High Court

Sai Krishna J.P vs State Of Kerala on 17 October, 2024

Bench: V.G.Arun

WP(C) No.34338/2024                      1/5

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
            Thursday, the 17th day of October 2024 / 25th Aswina, 1946
                              WP(C) NO. 34338 OF 2024
   PETITIONER:

          SAI KRISHNA J.P, AGED 22 YEARS, D/O BINDULEKHA, 39/2547, RESIDING AT
          CHITHRANJALI, PURAMERI, VATAKARA, KOZHIKODE DISTRICT , PIN - 673501

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
         REVENUE, GOVT. SECRETARIAT, THIRUVANATHAPURAM , PIN - 695001
      2. THE THAHASILDAR, VATAKARA, KOZHIKODE DISTRICT, PIN - 673101
      3. THE VILLAGE OFFICER, PURAMERI VILLAGE, PURAMERI, KOZHIKODE , PIN -
         673503
      4. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAVAN, NEW
         DELHI, PIN-110001.                ** IS IMPLEADED AS ADDL.R4 AS PER
         ORDER DATED 17/10/24 IN IA.1/2024 IN THE WPC.
      5. ADDL.R5) THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT,
         GOVERNMENT OF KERALA, IS SUO MOTU IMPLEADED AS ADDL.R5 AS PER ORDER
         DATED 17/10/24 IN THE WPC.

        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 direct the 2nd respondent to issue certificate as the
   petitioner belongs to economically weaker section, pending disposal of the
   above writ petition (civil).
        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. U.P.BALAKRISHNAN, ABDUL RAOOF PALLIPATH, C.H.ABDUL RASAC, Advocates
   for the petitioner, GOVERNMENT PELADER for R1 to R3 and Addl.R5 and of
   CENTRAL GOVERNMENT COUNSEL for additioal R4,        the court passed the
   following:
 WP(C) No.34338/2024                       2/5




                                   V.G.ARUN (J)
                             ........................................
                             WP(C) No. 34338 of 2024
                          ..................................................
                      Dated this the 17th day of October, 2024

                                      ORDER

IA No. 1 of 2024

Heard. Allowed.

Impleaded the additional 4th respondent. WP(C) No. 34338 of 2024 Admit.

2. Learned Government Pleader takes notice for respondents 1 to 3. Learned Central Government Counsel takes notice for the 4th respondent.

3. The larger issue involved in this case is whether a person like the petitioner whose parents are divorced can be denied EWS certificate, even if the applicant is dependent on the parent, who is having no property of her/his own.

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WP(C) No. 34338 of 2024 2

4. Learned Government Pleader contends that divorce of the parents will not make any difference as far as EWS status of the child is concerned, since the terminology used in Clause 2(ii) of Ext.P2 is parents. Therefore, if one of the parents owns property beyond the prescribed limit, the child cannot claim EWS status.

5. Learned Counsel for the petitioner drew attention to Ext.P6 report of the Village Officer to submit that, for the past ten years the parents are separated and the petitioner is residing with her mother, who, admittedly, does not have any property.

6. Based on the above factors into consideration, the 2nd respondent is directed to provisionally issue EWS certificate to the petitioner, subject to the outcome of this writ petition.

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7. The Secretary, General Administration Department, Government of Kerala, is suo motu impleaded as the additional 5th respondent. Learned Government Pleader takes notice for the additional 5 th respondent.

Post on 22.11.2024.

Sd/-

V.G.ARUN JUDGE ARK 17-10-2024 /True Copy/ Assistant Registrar WP(C) No.34338/2024 5/5 Exhibit P2 TRUE COPY OF THE GO(MS).NO.52/2019/GAD DATED 14.03.2019 ISSUED BY THE GENERAL ADMINISTRATION (CO-ORDINATION) DEPARTMENT Exhibit P6 TRUE COPY OF THE REPORT DATED 24.08.2024 GIVEN BY THE VILLAGE OFFICER, PURAMERI TO THE 2ND RESPONDENT 17-10-2024 /True Copy/ Assistant Registrar

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