Saji vs The Village Officer on 31 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23108 of 2008(A)


1. SAJI, K.V. AGED 19 YEARS,
                      ...  Petitioner

                        Vs



1. THE VILLAGE OFFICER,
                       ...       Respondent

2. TAHSILDAR, MANNARKKAD, TALUK,PALAKKAD -

                For Petitioner  :SMT.T.B.MINI

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :31/07/2008

 O R D E R
                      S.SIRI JAGAN, J
                ==================
                 W.P(C)No.23108 of 2008
                ==================
           Dated this the 31st day of July, 2008.

                      J U D G M E N T

The petitioner claims to be a member of the ‘Thandan’

community which is recognised as a Scheduled Caste in the

State of Kerala. When the petitioner applied for a

community certificate the same was rejected by the Village

Officer by Ext.P5 order. The petitioner challenges the same.

2. According to the petitioner, as per the law declared

by this court and the Supreme Court, the petitioner cannot

be denied the certificate as a ‘Thandan’ (Scheduled Caste).

3. The learned Special Government Pleader admits

that as per the law prevailing, Village Officers do not have

powers to pass orders like Ext.P5.

In above circumstances, Ext.P5 is quashed and writ

petition is disposed of with a direction to the 2nd respondent

to conduct an enquiry into the caste status of the petitioner

in accordance with law as it obtains today, in the light of

W.P(C)No.23108 of 2008 – 2 –

Ext.P6 amendment and to pass appropriate orders after

affording an opportunity of being heard to the petitioner to

produce appropriate documents, as expeditiously as

possible, at any rate, within one month from the date of

receipt of a copy of this judgment.

S.SIRI JAGAN, JUDGE

rhs