IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 22529 of 2009(S) ------------------------------------- PETITIONER: ------------------- T.E.LIGESH AGED 27 YEARS, S/O.A.BALAKRISHNAN NEAR PRATHIBA TALKIES, P.O.PAYANGADI KANNUR DISTRICT BY ADV. SRI.PHILJO VARUGHESE PHILIPS RESPONDENTS: ----------------------- 1. CHIEF SECRETARY STATE OF KERALA, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT DEPARTMENT OF SCHEDULED CASTE AND SCHEDULED TRIBE WELFARE, THIRUVANANTHAPURAM. 3. T.GANGADHARAN S/O.VEERANNAN, THILLANIYIL HOUSE MADAYI AMSOM DESOM, NEAR PRATHIBHA TALKIES PAYANGADI PO, KANNUR DISTRICT. 4. T.RAGHUNATHAN S/O.T.GANGADHARAN, THILLANIYIL HOUSE MADAYI AMSOM DESOM, NEAR PRATHIBHA TALKIES PAYANGADI PO, KANNUR DISTRICT. 5. T.PRASAD S/O.T.GANGADHARAN, THILLANIYIL HOUSE MADAYI AMSOM DESOM, NEAR PRATHIBHA TALKIES PAYANGADI PO, KANNUR DISTRICT. 6. T.SURESH BABU S/O.T.GANGADHARAN, THILLANIYIL HOUSE MADAYI AMSOM DESOM, NEAR PRATHIBHA TALKIES PAYANGADI PO, KANNUR DISTRICT. 7. THAHSILDAR KANNUR,KANNUR DISTRICT. R1,R2 & R7 BY SPECIAL GOVERMNENT PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.22529 of 2009 ------------------------------------------ Dated this the 25th day of August, 2009 JUDGMENT Basheer, J. The petitioner who claims to be a job seeker has filed this writ petition as a 'Public Interest Litigation' alleging that respondents 4 to 6 had managed to obtain public employment under the quota earmarked for Scheduled Tribe candidates. In 1994 the Government had issued Ext.P1 order declaring that respondent No.3 (father of respondents 4 to 6) and his family members were not eligible to get the benefits available to Scheduled Caste and Scheduled Tribe communities since they did not belong to 'Mannan' community as claimed by them. However, according to the petitioner, respondent Nos. 4 to 6 had managed to obtain employment respectively in New India Assurance Company, Kerala State Road Transport Corporation and Postal Department reportedly on the strength of the caste WP(C) No.22529 of 2009 - 2 - certificates issued in their favour treating them as members belonging to 'Mannan' community, which is a Scheduled Tribe. Anyhow, we do not intend to deal with that aspect of the matter at this stage in view of the order we propose to pass. 2. Admittedly, the petitioner had approached the Project Officer under the Integrated Tribal Development Project at Kannur alerting him about this illegality committed by respondents 4 to 6. By Ext.P5 communication dated December 18, 2008, the Project Officer had informed the petitioner that his Department had not granted any benefits through its office at Kannur either to respondent No.3 or to his family members. The officer had further requested the petitioner to furnish details, if any, so that the Department can take further action in the matter. Curiously, the petitioner has rushed to this Court without bothering to approach the Project Officer. More significantly, the petitioner has not even impleaded the Project Officer in this writ petition which is the competent authority to WP(C) No.22529 of 2009 - 3 - take appropriate action in the matter. 3. Having carefully perused the materials available on record, we are not satisfied that this writ petition has to be entertained on the file of this Court. It will be open to the petitioner, if he is so advised, to pursue the remedies available to him through the authority concerned. Writ petition is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns