IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 22102 of 2008(F) -------------------------------------- PETITIONER(S): ---------------------- PRAKASH E.K., DIRECTOR OF TREASURIES, GOVERNMENT OF KERALA, RESIDING AT 4/VII TEACHERS QUARTERS, COLLEGE OF AGRICULTURE, VELLAYANI P.O., THIRUVANANTHAPURAM - 22. BY ADV. MR.P.GOPALAKRISHNAN NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF SCHEDULED CASTES & SCHEDULED TRIBES CLAIMS AND SECRETARY TO GOVERNMENT SCHEDULED CASTES & SCHEDULED TRIBES DEVELOPMENT (G) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR, KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADS) KOZHIKODE. 4. VIGILANCE OFFICER, VIGILANCE CELL, DIRECTORATE OF KIRTADS, KOZHIKODE. * ADDL. R5 IMPLEADED ADDL.R5: SIBI P.D., SON OF DIVAKARAN, AGED 31 YEARS, RESIDING AT PUTHUPARAMBIL HOUSE, KAIPPILLY P.O., POONJAR SOUTH, PIN-686 582. * ADDL. R5 IMPLEADED AS PER ORDER DATED 18/09/2008 IN I.A.11490/2008. R1 TO R4 BY SPL. GOVERNMENT PLEADER MR.P. SANTHOSH KUMAR. ADDL.R8 BY ADV. SMT.N.SANTHA, MR.K.A.BALAN, MR.PETER JOSE CHRISTO, MR.S.A.ANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22102/2008-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION NO.SRII(4)2127/83/SW1 DATED 30/08/83 PUBLISHED IN THE KERALA GAZETTE DATED 10/04/1984. EXT.P2: COPY OF THE ORDER G.O.(MS)NO.153/85/GAD DATED29/04/1985. EXT.P3: COPY OF THE REPORT NO.D.664/89 DATED 11/09/96 OF THE 4TH RESPONDENT. EXT.P4: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21/03/1997. EXT.P5: COPY OF THE CERTIFICATE NO.C2-1730/84 DATED 11/04/1984 ISSUED BY THE TAHSILDAR , RANNI. EXT.P6: COPY OF THE ORDER G.O.(MS)NO.37/81/DD DATED 03/04/1981 PUBLISHED IN KERALA GAZETTE. EXT.P7: COPY OF THE PROCEEDINGS NO.19024/G3/96/(ST4/97/SCSTDD DATED 07/03/1998.) EXT.P8: COPY OF THE ORDER G.O.(P)NO.16/95/SCSTDD DATED 08/05/1995. EXT.P9: COPY OF THE ACT 11 OF 1996. EXT.P10: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 27/05/2002 IN O.P. NO. 11925/98. EXT.P11: COPY OF THE NOTICE NO.V.7/2007 FROM THE 4TH RESPONDENT DATED 05/04/2008. EXT.P12: COPY OF THE LETTER NO.11689/G3/98/SCSTDD DATED 19/06/2006. EXT.P13: COPY OF THE NOTICE NO.V.7/2007 FROM THE 4TH RESPONDENT DATED 01/07/2008. EXT.P14: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE GOVT. DATED 07/07/2008. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE LETTER NO.11689/G3/98/SCSTDD DATED 24/02/2003, ISSUED BY THE SECRETARY TO GOVERNMENT SC/ST DEVELOPMENT (G) DEPARTMENT TO SHRI K.C.JOSEPH, SPECIAL GOVERNMENT PLEADER, OFFICE OF THE ADVOCATE GENERAL, ERNAKULAM. EXT.R5(b): COPY OF THE AMENDMENT ACT. EXT.R5(c): COPY OF THE LETTER ADDRESSED TO THEN HONOURABLE CHIEF MINISTER OF KERALA, SHRI.E.K. NAYANAR, BY THE THEN SITTING CPI(M) MLA SHRI A.KANARAN. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.22102 of 2008 -------------------------------------- Dated 11th June, 2009 JUDGMENT Heard Sri.P.Gopalakrishnan Nair, the learned counsel appearing for the petitioner, Sri.P.Santhosh Kumar, the learned Government Pleader appearing for respondents 1 to 4 and Sri.K.A.Balan, the learned counsel appearing for the additional fifth respondent. 2. In this writ petition, the petitioner who is presently working as Director of Treasuries challenges Ext.P12 letter dated 19.6.2006 sent by the Chairman of the Scrutiny Committee for Verification of Community Certificates to the Director of KIRTADS requesting him to conduct a detailed enquiry into the caste status of the petitioner and to furnish a report to the Scrutiny Committee within three months. He also challenges Exts.P11 and P13 notices dated 5.4.2008 and 1.7.2008 respectively issued by the Vigilance Cell of KIRTADS requesting him to appear for a personal hearing in connection with the enquiry being conducted by the KIRTADS. 3. Sri.P.Santhosh Kumar, the learned Government Pleader appearing for respondents 1 to 4 submits that a decision has been taken to withdraw the notices impugned in this writ petition without WP(C).No.22102/2008 2 prejudice to the right of the State Government to act as directed by this Court in paragraph 17 of Ext.P10 judgment. In my opinion, in view of the stand taken by the State Government, this writ petition has become infructuous. It is accordingly closed as infructuous without prejudice to the contentions on both sides and without prejudice to the right of the Government if they are so advised to act as directed by this Court in paragraph 17 of Ext.P10 judgment. Needless to say if the Government initiates any such action, it will be open to the petitioner to defend the same by raising all available contentions. It is clarified that the fifth respondent will have no right to participate in the proceedings if any initiated by the Government. P.N.RAVINDRAN Judge TKS