IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 28131 of 2008(Y) -------------------------- PETITIONER(S): --------------- THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAN, COCHIN-682009. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT(S): --------------- 1. STATE OF KERALA RERPRESENTED BY CHIEF SECRETARY, SCHEDULED CASTE/SCHEDULED TRIBE DEVELOPMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY,SCHEDULED CASTE/ SCHEDULED TRIBE DEVELOPMENT-DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE VIGILANCE OFFICER, DIRECTORATE OF KIRTADS, KOZHIKODE-17. 4. SMT.KANTHI.K.S, KARUVARIL HOUSE, SHORANUR, PALAKKAD DISTRICT, PIN:679 121. BY GP SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28131/2008 -------------------- Dated this the 6th day of October, 2008 JUDGMENT The Commissioner of Customs is the petitioner in this writ petition and he seeks a direction to the Principal Secretary, Scheduled Caste/Scheduled Tribe Development Department, Government of Kerala, and The Vigilance Officer, Directorate of KIRTADS, to complete the proceedings regarding the caste status of the fourth respondent within a stipulated time. The issue regarding the caste status of the fourth respondent was considered by this Court in Ext.P1 judgment. This Court took note of the fact that an application filed by the petitioner for issuance of caste certificate showing her as belonging to the Thandan community, which in certain parts of the State is recognized as a scheduled caste, under the Presidential order is still pending before the competent authority under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificate Act, 1996. In Ext.P1 judgment this Court made it clear that the competent authority under the W.P.(C).28131/2008 2 Act can proceed with the enquiry and further action in terms of the provisions of the Act. By Ext.P2 letter dated 27.5.2003, the Commissioner, who is the Head of the Department in so far as the fourth respondent is concerned, required the Government to expedite the enquiry as regards the determination of the fourth respondent’s caste status. Though there has been reminder in this regard, action is yet to be forthcoming and hence the writ petition. 2. Having heard learned counsel for the petitioner and learned Government Pleader, writ petition is disposed of directing the second respondent to take further action in accordance with law, as sought for in Exts.P2 and P3. Needful may be done within a period of six months from the date of receipt of a copy of this judgment. Obviously, any such proceedings under Act 11 of 1996 can be taken only after due notice to the fourth respondent. V.GIRI, Judge mrcs