High Court Kerala High Court

Pradeesh K.P. vs The District Collector on 22 October, 2010

Kerala High Court
Pradeesh K.P. vs The District Collector on 22 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31071 of 2010(H)


1. PRADEESH K.P., S/O.PRASAD
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR
                       ...       Respondent

2. THE TAHSILDAR,

3. THE VILLAGE OFFICER

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :22/10/2010

 O R D E R
                        ANTONY DOMINIC, J.
               --------------------------------------------------
                  W.P.(C) NO.31071 OF 2010(H)
               --------------------------------------------------
           Dated this the 22nd day of October, 2010

                            J U D G M E N T

Petitioner’s father belongs to Paravan community and his

mother belongs to Ullada community, a scheduled caste.

Petitioner claims that they are following the customs of Ullada’s

and therefore, should be issued a certificate to the effect that he

belongs to a scheduled caste. Petitioner also relies on Ext.P3, the

SSLC book, Ext.P4 community certificate of his mother and Ext.P5

Patta issued in mother’s favour which documents, according to

the petitioner, substantiates his contention.

2. It is stated that when an application was made, although

an enquiry conducted revealed that the petitioner is still

following the custom of the Ullada community, Ext.P1 certificate

was issued by the 2nd respondent to the effect that the petitioner

belongs to Paravan caste. It is aggrieved by Ext.P1 that this writ

petition sf filed.

3. The stand taken by the Government Pleader is that in the

enquiry conducted by the 2nd respondent, although, it is revealed

that the petitioner’s father and mother live together there is

WPC.No. 31071/2010
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nothing to conclude that the custom followed by the petitioner

and his family are that of Ullada caste. It is stated that therefore

Ext.P1 certificate was issued.

4. In my view, if as stated by the petitioner, the customs

followed by them are that of a Ullada community, the petitioner

might be entitled to the certificate particularly in view of the

provisions contained in Ext.P2 Government Order. However this is

a question of fact and therefore this court will not be in a position

to take a decision in the mater.

5. In that view of the matter, I feel that the right course

open to the petitioner is to file an appeal against Ext.P1, which

has to be filed before the Revenue Divisional Officer. If such an

appeal is filed, it will be possible for the Revenue Divisional

Officer to conduct enquiry into the factual issues, either by

himself or by deputing an authorized competent subordinate

officer. Therefore, I relegate the petitioner to seek appeal

remedies against Ext.P1 and direct that if an appeal against

Ext.P1 is filed within 2 weeks from today, it will be entertained

and disposed of with notice to the parties within 8 weeks.

Writ Petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/

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