IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 7897 of 2004(M) ------------------------- PETITIONER: --------------- NADAR LUTHERAN CHRISTIAN WELFARE SOCIETY, REPRESENTED BY ITS SECRETARY, CONCORDEA LUTHERAN CHURCH COMPOUND, PEROOKADA, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, SCHEDULE CASTE AND SCHEDULE TRIBE DEVELOPMENT CORPORATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. SPL. GOVERNMENT PLEADER, SRI.P.SANTHOSH KUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.9C) NO.7897/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE BY-LAW OF THE NADAR LUTHERAN CHRISTIAN WELFARE SOCIETY. EXT.P2: COPY OF THE ORDER DT.27.5.2000 ISSUED BY THE SCHEDULED CASTE & SCHEDULED TRIBE DEVELOPMENT DEPARTMENT. EXT.P3: COPY OF THE GOVT. ORDER DT.25.9.1979. EXT.P4: COPY OF THE GAZETTE NOTIFICATION DT.4.4.2000 ISSUED BY THE GOVT.OF INDIA. EXT.P5: COPY OF THE G.O.DT.14.12.1957 BY THE PUBLIC SERVICES DEPARTMENT, GOVT. OF KERALA. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------- W.P.(C) No.7897 OF 2004 ---------------------------------------- Dated this the 27th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petition is closed without prejudice to the contentions of the petitioner and his right to challenge the decision of the Government, which is going to be rendered based on the recommendation of the Kerala State Backwards Classes Commission, if it is aggrieved by it. Since the matter is pending before the competent authority, it is premature for this Court to consider the prayer of the petitioner Society. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps