Kerala High Court
Chinnu Roy George vs State Of Kerala on 3 August, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942
WP(C).No.15086 OF 2020
PETITIONERS:
1 CHINNU ROY GEORGE
AGED 18 YEARS
DAUGHTER OF ROY GEORGE, RESIDING AT THOTTAMKARAYIL,
THIDANADU P.O, KOTTAYAM DISTRICT 686 123
2 MINNU ROY GEORGE,
DAUGHTER OF ROY GEORGE, RESIDING AT THOTTAMKARAYIL,
THIDANADU P.O, KOTTAYAM DISTRICT 686 123
REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SINDHU
ROY, AGED 43 YEARS, WIFE OF ROY GEORGE, RESIDING AT
IN THE ADDRESS MENTIONED ABOVE.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SRI.M.V.VIPINDAS
SHRI.AMAL DEV D
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
SCHEDULED CASTES AND SCHEDULED TRIBES DEPARTMENT,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, NANDAVANAM,
PALAYAM, THIRUVANANTHAPURAM 695 033
2 THE VIGILANCE OFFICER,
VIGILANCE CELL, DIRECTORATE OF KIRTADS,
(KERALA INSTITUTE FOR RESEARCH TRAINING AND
DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHDULED
TRIBES)CHEVAYUR, KOZHIKODE 673 017
3 THE TAHSILDAR,
MEENACHIL TALUK, MINI CIVIL STAION,
GROUND FLOOR, 123, PALA RAMAPURAM RD, PALA, KOTTAYAM
DISTRICT 686 577
SMT.VINEETHA B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15086 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following reliefs :-
"(i) Call for the records relating to Exhibit P16 report of the 3rd respondent and quash the same by the issuance of a writ of certiorari.
(ii) Issue a writ of mandamus or any other appropriate writ or order commanding the 2nd respondent to issue community certificates to the petitioners untrammeled by the conclusions in Exhibit P16 report."
2. Heard the learned counsel for the petitioners and the learned Government Pleader, quite in extenso.
3. It is submitted by the learned counsel for the petitioners that the 1st petitioner had been granted a community certificate by the competent authority. It is submitted that when the request made by the 2 nd petitioner for community certificate had been sent up before the KIRTADS for a report, Ext.P16 report had been submitted by the Vigilance Officer of the KIRTADS. The learned counsel for the petitioners submits that all the findings in Ext.P16 are in favour WP(C).No.15086 OF 2020 3 of the petitioners and it has been found that the petitioners have lived as members of the 'mala araya' community and have suffered all the discrimination as well as the difficulties faced by the members of the said Tribe. However, in Ext.P16 the Vigilance Officer has gone on to state that the petitioners are not liable to be treated as members of the 'Christian mala araya' community. The learned counsel for the petitioners submits that the Vigilance Officer of the KIRTADS is expected to give only a report in respect of the claim of the person seeking the community status and a finding is to be entered into by the competent Officer in terms of Section 5 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. It is submitted that the 3rd respondent, who is the competent authority in terms of the Act is liable to issue a community certificate.
4. Having considered the contentions advanced and having heard the learned Government Pleader also, I am of the opinion that it is for the 3 rd respondent to take an appropriate decision on the claim made by the petitioners for community certificates as members of the 'mala araya' community. The 3rd respondent shall take an independent decision taking note WP(C).No.15086 OF 2020 4 of the documents produced by the petitioners as well as the observations in Ext.P16. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/03.08.2020 WP(C).No.15086 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LIST OF SCHEDULED CASTES AND TRIBES IN THE STATE PUBLISHED IN THE WEBSITE OF KIRTADS EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE PETITIONER'S FATHER ROY GEORGE ISSUED BY THE ST. THOMAS UP SCHOOL, MELUVAKAVUMATTOM EVIDENCING THE FACT THAT HE BELONGS TO CHIRISTIAN MALAYARAYA EXHIBIT P3 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 17-02-2020 ISSUED UNDER RULE 4 OF THE KERALA (SCHEDULED CASTE AND SCHEDULED TRIBES) REGULATION OF ISSUE OF COMMUNITY CERTIFICATE RULE 2002 BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE DIOCESE OF EAST KERALA, CHURCH OF SOUTJH INDIA EVIDENCING SOLEMNIZATION OF MARRIAGE AT ST. MATHIAS CSI CHURCH, ELLUMPURAM ON 21-02-2001 EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 21- 10-2016 ISSUED BY THE VICAR F ST. MATHIAS CSI CHURCH ELLUMPURAM.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 21- 10-2016 ISSUED BY THE VICAR OF ST. MATHIAS CSI CHURCH, ELLUMPURAM.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF MARRIAGE EVIDENCING REGULARIZATION OF THE MARRIAGE OF SRI. GEORGE JACOB WITH KUNJUKUNAMMA AS ON 12-1973 EXHIBIT P8 TRUE COPY OF THE GOVERNMENT NOTIFICATION NO. GO (MS) NO.
25/2005/SCTDD DATED 20-06-2005 EXHIBIT P9 TRUE COPY OF THE GOVERNMENT NOTIFICATION NO. GO(MS) NO.
109/2008/SCSTDD DATED 20-11-2008 WP(C).No.15086 OF 2020 6 EXHIBIT P10 TRUE COPY OF THE BIRTH CERTIFICATE OF THE FIRST PETITIONER EVIDENCING HEER DATED OF BIRTH AS 25-01-2002 EXHIBIT P11 TRUE COPY OF THE BIRTH CERTIIFCATE OF THE SECOND PETITIONER EVIDENCING HEER DATED OF BIRTH AS 09-12-2004 EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF BAPTISM SOLEMNIZED AT ST MATHIAS CSI CHURCH ON 10-05-2002 ISSUED TO THE FIRST PETITIONER.
EXHIBIT P13 TRUE COPY OF THE CERTIFICATE OF BAPTISM SOLEMNIZED AT ST MATHIAS CSI CHURCH ON 31-03-2005 ISSUED TO THE SECOND PETITIONER.
EXHIBIT P14 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO THE FIRST PETITIONER.
EXHIBIT P15 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE FIRST PETITIONER UNDER RULE 4 OF THE KERALA (SCHEDULED CASTE AND SCHEDULED TRIBE) REGULATION OF ISSUE OF COMMUNITY CERTIFICATE RULE 2002 BY THE 3RD RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 03-03-2020 RESPONDENT'S/S EXHIBITS: NIL