IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16836 of 2011(D) -------------------------- PETITIONER: --------------- KAVITHA KURIAKOSE, AGED 23 YEARS, D/O. LAGE V.T. KURIAKOSE, VATTUKULATHIL HOUSE, EDANADU.P.O, VALLICHIRA, PALA - 686 574. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, SCHEDULED CASTE & SCHEDULED TRIBE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM -01. 2. THE DISTRICT COLLECTOR, KOTTAYAM - 686 002. 3. THE REVENUE DIVISIONAL OFFICER, PALA - 686 575. 4. THE TAHSILDAR, MEENACHIL TALUK, KOTTAYAM DISTRICT - 686 589. 5. THE VILLAGE OFFICER, VALLICHIRA, MEENACHIL TALUK, KOTTAYAM DISTRICT - 686 592. 6. KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES, REPRESENTED BY ITS DIRECTOR, KOZHIKODE - 673 001. BY SPL. GOVERNMENT PLEADER ADV. MR. P. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16836 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF CERTIFICATE DTD. 27.04.2011 EXT.P2 : TRUE COPY OF 1ST PAGE OF THE SSLC BOOK. EXT.P3 : TRUE COPY OF THE CERTIFICATE DATED 16.6.2003. EXT.P4 : TRUE COPY OF THE CERTIFICATE DATED 29.-6.2005. EXT.P5 : TRUE COPY OF G.O.(MS) 109/2008 DTD. 20.11.2008 EXT.P6 : TRUE COPY OF REPORT DATED 30.09.2010. EXT.P7 : TRUE COPY OF REPORT DT D. 02.05.2011. EXT.P8 : TRUE COPY OF ORDER D ATE D 01.06.2011. EXT.P9 : TRUE COPY OF APPEAL DTD.06.06.2011. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 16836 OF 2011 ......................................................................... Dated this the 23rd June , 2011 J U D G M E N T The petitioner has approached this Court seeking for the following reliefs: “i) to call for the records which lead to the issuance of Ext.P8 certificate and to issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the same. ii) to declare that the petitioner is entitled to reservation against the quota allotted to Scheduled Tribe candidates. iii) issue a writ of mandamus or any other writ, order or direction, directing the respondent to consider the petitioner in the quota allotted for Scheduled Tribe candidates; iv) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper to grant in the nature of course of this proceedings” 2. The learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is given to the third respondent/RDO to consider and pass appropriate order on Ext. P9 appeal, which is a statutory appeal preferred under Section 12 of the Kerala (Scheduled Caste and Scheduled Tribes ) W.P.(C) No. 16836 OF 2011 2 Regulation of issue of Community Certificate Act, 1996, within a reasonable time. 3. Heard the learned Special Government Pleader as well. 4. After hearing both the sides, this Court does not find it necessary to go into the merits of the case. Accordingly, the writ petition is disposed of directing the third respondent to consider and pass appropriate orders on Ext. P9 appeal, in accordance with law, of course after giving an opportunity of hearing to the petitioner, which shall be done as expeditiously as possible, at any rate within two months of production of a copy of the judgment along with a copy of the writ petition before the third respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk