IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 OP.No. 27717 of 1999(Y) ---------------------------------- PETITIONER(S): ----------------------- C.P.MADHUKAIDABHAJA, U.D.CLERK, MUNICIPAL OFFICE, CHANGANASSERY, RESIDING AT CHETTUKADAVIL, MADUKKA P.O., KOSADY, MUNDAKAYAM, KOTTAYAM DISTRICT. BY ADV. MR.P.P.JNANASEKHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRUTINY COMMITTEE FOR VERIFICATION OF SC/ST CLAIMS, S.C./S.T. DEVELOPMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR, KIRTADS, KOZHIKODE-17. 4. THE DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. SPL. GOVERNMENT PLEADER MR.SANTHOSHKUMAR FOR R1 TO 4 THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.46990/1999 IN OP. NO.27717/1999 DISMISSED 21.05.12009 SD/- P.N.RAVINDRAN, JUDGE TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ----------------------------- O.P No. 27717 of 1999-Y ------------------------------ Dated this the 21st day of May, 2009. J U D G M E N T Ext.P19 proceedings of the Scrutiny Committee constituted by the State Government for verification of the caste status of the petitioner and others is under challenge in this Original Petition. The very same proceedings was the subject matter of challenge in O.P.Nos.20815 of 1999, 21233 of 1999 and 21617 of 1999. In the said original petitions, a learned Single Judge of this Court held that the Scrutiny Committee which issued Ext.P19 proceedings is not one duly constituted under Act 11 of 1996. The learned Single Judge accordingly quashed Ext.P19 proceedings that was produced in the said writ petitions and also the consequential orders issued on the basis of Ext.P19 without prejudice to the right of the competent authority to take appropriate action if required under Act 11 of 1996. It is not in dispute before me that the Scrutiny Committee which has issued Ext.P19 proceedings is not the Scrutiny Committee contemplated under Act 11 of 1996. Therefore, following the decision of the learned Single Judge in O.P.Nos.20815 of 1999, 21233 O.P No. 27717 of 1999-Y 2 of 1999 and 21617 of 1999, I quash Ext.P19 proceedings and Ext.P20 memo issued on the basis of Ext.P19 report without prejudice to the right of the competent authority among the respondents to take fresh action against the petitioner, if the respondents are of the opinion that such action is warranted. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab