IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 15114 of 2005(Y) -------------------------------------- PETITIONERS: ----------------- 1. SAMUEL GEORGE, PITTANICKAL, CHOVOOR P.O., MOONILAVU VILLAGE, KOTTAYAM DISTRICT. 2. N.P. SAMUEL, S/O. PEELIPOSE, NATTUKALLUNGAL HOUSE, MANKOMBU, CHOVOOR P.O., MOONILAVU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.RASHEED C.NOORANAD SRI.G.GOPAKUMAR (CHERTHALA) SRI.K.R.MICHAEL RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM DISTRICT. 3. TAHSILDAR, TALUK OFFICE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15114/2005-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CASTE/TRIBE CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXT.P2: COPY OF THE CASTE/TRIBE CERTIFICATE ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF 2ND PETITIONER. EXT.P3: THE CASTE/TRIBE CERTIFICATE ISSUED IN FAVOUR OF THE 2ND DAUGHTER OF THE 1ST PETITIONER BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE REJECTION ORDER OF THE 3RD RESPONDENT DATED 12/04/05. EXT.P5: COPY OF THE REJECTION ORDER OF THE 3RD RESPONDENT DATED 18/04/05. EXT.P6: GOVERNMENT ORDER NO.G.O.(MS)11/2005/SC.ST.DD, DATED 22/03/05. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 15114 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ of certiorari or any other writ order to quash Ext.P4, Ext.P5 and Ext.P6 orders as it is not conferring right of scheduled tribe to the children born to the scheduled tribe father. ii) Issue a writ of mandamus or any other writ order or direction directing the 3rd respondent to issue scheduled tribe certificate to the petitioner's children for their employment and educational purpose, since they belong to scheduled tribe community. It is for the petitioners to approach the Government, in which case, the matter will be duly considered by the Government with notice to the petitioners and appropriate orders in accordance with law will be passed within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 15114 OF 2005 J U D G M E N T 18.07.2008