IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 31377 of 2009(N) --------------------------------------- PETITIONER: ------------------- C.S.SOORAJ, S/O.A.K.SASIDHARAN NAIR, AGED 26 YEARS, T.C.NO.32/1950, UTHRITTATHI, MARUTHANKUZHI, KANJIRAMPARA P.O., THIRUVANANTHAPURAM. BY ADVS. MR.D.SAJEEV, MR.BABU POTHENCODE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT (G) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SUB COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, THIRUVANANTHAPURAM. 4. THE DIRECTOR, DIRECTORATE OF KIRTADS, KOZHIKODE-17. R1 TO R4 BY GOVT. PLEADER MR. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31377/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE MISRA VIVAHA SANGHAM DTD. 05/12/1981 EVIDENCING THE MARRIAGE OF THE PARENTS OF THE PETITIONER. EXT.P.2: COPY OF THE RELEVANT PAGES OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER. EXT.P.3: COPY OF THE CASTE CERTIFICATE ISSUED BY THE R.3. DTD. 10/06/1986. EXT.P.3.A: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE R.3. DTD. 06/06/1998. EXT.P.3.B: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE R.3. DTD. 21/07/01. EXT.P.3.C: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE R.3. DTD. 21/08/03. EXT.P.3.D: COP COMMUNITY CERTIFICATE ISSUED BY THE R.3. DTD. 13/07/04. EXT.P.3.E: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE R.3. DTD. 31/01/05. EXT.P.4: COPY OF THE APPLICATION DTD. 13/04/2004 SUBMITTED BY THE PETITIONER ALONG WITH THE REPORT OF THE VILLAGE OFFICER. EXT.P.5: COPY OF THE COMMUNITY CERTIFICATE DTD. 08/05/2009 ISSUED BY THE R.3. EXT.P.6: COPY OF THE LETTER DTD. 29/04/2009 ISSUED BY THE R.3. TO THE R.4. EXT.P.7: COPY OF THE LETTER DTD. 10/09/2009 ISSUED BY THE R.4. TO THE R.3. EXT.P.8: COPY OF THE LETTER DTD. 05/10/2009 ISSUED BY THE R.3. EXT.P.9: COPY OF THE PROCEEDINGS OF THE SUB COLLECTOR, THIRUVANANTHAPURAM DTD. 14/10/2009. EXT.P.10: COPY OF THE CERTIFICATE ISSUED BY THE SCHEDULED CASTE/SCHEDULED TRIBE SOCIAL DEVELOPMENT SAMAJAM, THRISSUR DTD. 01/05/2009. EXT.P.11: COPY OF THE COMMUNITY CERTIFICATE DTD. 21/10/2009 ISSUED BY THE VILLAGE OFFICER, VATTIYOORKAVU. EXT.P.12: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE SCRUTINY COMMITTEE HEADED BY THE R.1. AS CHAIRMAN. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31377/2009-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of February, 2010 J U D G M E N T This writ petition is filed aggrieved by Ext.P9 order by which the second respondent cancelled the community certificate Ext.P5 issued to the petitioner. It is based on the letter from Director of KIRTADS (Ext.P7). By Ext.P5 it is shown that the petitioner belongs to Hindu-Vettuvan Caste. In Ext.P9, the finding is that he belongs to a forward caste, namely, Hindu-Nair, and consequently the certificate has been cancelled. 2. The learned counsel for the petitioner submitted that the Sub Collector is not having any jurisdiction in the matter which is not disputed by the learned Special Government Pleader appearing for the Department also. It is pointed out by the learned Special Government Pleader that the Scrutiny Committee alone has the jurisdiction in the matter going by the provisions of the Act 11 of 1999. 3. Therefore, Ext.P9 is quashed. The third respondent will refer the matter to the Scrutiny Committee for their decision in accordance with law. It is made clear that the Scrutiny Committee will issue appropriate notice to the petitioner and furnish all materials, if any, to enable him to defend the action. The third respondent W.P.(C). No.31377/2009 -:2:- will forward the copy of the report of the KIRTADS to the Scrutiny Committee for necessary action. The proceedings will be completed within a period of six months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms