IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 MFA.No. 2 of 2008() ------------------- AGAINST THE ORDER DATED 24.12.2007 NO.20917/G2/05/SC/ST/DD OF THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATE) APPELLANTS: ----------- 1. C.KRISHNAKUMAR ,COUNCILLOR,CORPORATION OF THIRUVANANTHAPURAM RESIDING AT LAKSHMI VILASAM, VELLUNNI, MEDICAL COLLEGE P.O. ULLOOR, THIRUVANANTHAPURAM. 2. C.VIJAYAN,GALLERY PRESSMAN, GOVERNMENT CENTRAL PRESS RESIDING AT LAKSHMI VILASAM, VELLUNNI, MEDICAL COLLEGE P.O.ULLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, S.C./S.T. DEVELOPMENT (G) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SCUNITY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL SECRETARY TO GOVERNMENT S.C./S.T.DEVELOPMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, KIRTADS, DIRECTORATE OF KIRTADS, KOZHIKODE-17. 4. EDAVACODE ASOKAN, CHINNAVEEDU T.C. 7/2129-A,SREEKARYAM, THIRUVANANTHAPURAM-17. BY ADV. SMT.P.K.SANTHAMMA FOR R3 SPL.GOVT.PLEADER SRI.P.SANTHOSH KUMAR THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.2 OF 2008 () ----------------------------------- Dated this the 8th day of January, 2008 J U D G M E N T KOSHY,J. Petitioner is challenging the order dated 24.12.2007 cancelling the community certificate passed by the 2nd respondent under Section 11 of the Kerala (Scheduled Castes and Scheduled Tribes) Issue of Community Certificates Act, 1996 (in short 'the Act'). Such orders were appealable under Section 12(3) of the Act. But by Ordinance No.55/2007, Section 11 was amended by inserting Sub rule 4 to Section 11 providing that no appeal or suit will lie against such orders passed by the Scrutiny Committee. Section 12(3) was also omitted. Section 7 Ordinance reads as follows: 7. Amendment of Section 11:- In Section 11 of the principal Act:- (i) omitted M.F.A.2/2008 2 (ii) after sub-section (3), the following sub- section shall be inserted, namely:- (4) An order passed by the Scrutiny Committee shall be final and conclusive. No suit or appeal shall lie against the order passed by the Scrutiny Committee.” Section 8 of the ordinance reads as follows: 8. Amendment of Section 12:- In Section 12 of the principal Act, sub-section (3) shall be omitted.” Therefore, the only remedy for the petitioner is to file a writ petition if there are grounds for filing the same. Without prejudice to the right of the petitioner, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008