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HIGH COURT OF KERALA
P.N.RAVINDRAN, J
P K VIJAYAN – Appellant
Versus
THE STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 3657/2014
Caste - Scheduled Castes Certificate - Kerala Scheduled Castes & Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 - The court found that the Act mandates individuals to prove their status rather than allowing communal claims, influencing the dismissal of the petition.
Fact of the Case:
The petitioner, claiming to represent the Paravar community in specific Taluks, sought recognition as Scheduled Castes, asserting that their alternative names led to denial of caste certificates.
Finding of the Court:
The court concluded that the Act requires individual applications for caste certificates based on evidence, not communal claims, and held that the petitioner's writ was not tenable.
Issues: Whether the members of the Paravar community could receive Scheduled Caste certificates despite being referred to by other names.
Ratio Decidendi: The Kerala Scheduled Castes & Scheduled Tribes Regulation of Issue of Community Certificates Act necessitates individuals to substantiate their caste claims through appropriate channels, excluding communal petitions.
Final Decision: The writ petition is dismissed.
J U D G M E N T
The petitioner, who claims to be the President of All Kerala Paravar Mahajana Sabha, has filed this writ petition seeking the following reliefs.
“(i) To declare that 'Paravar' in Thiruvalla, Kozhencherry, Ranni and Pathanamthitta Taluks are entitled to get Scheduled Caste Certificate.
(ii) To issue a writ of mandamus or other appropriate writ order or direction commanding the respondent to issue Caste Certificate as “Scheduled Caste” to the members of the Association dehors the name shown in Chakka and Chakkamar.
(iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent to effectively consider and pass appropriate orders upon Exhibit P6 after affording an opportunity of being heard to the petitioner within a time limit.”
2. Such a relief is sought on the averment that members belonging to the Paravar community, which is a scheduled caste community, who are residing in Thiruvalla, Ranni, Kozhencherry and Pathanamthitta Taluks in Pathanamthitta District are also called as Chakka and Chakkamar and that this has in turn resulted in denial of caste certificates to them.
3. Issue of community certificates to persons belonging to the scheduled castes/scheduled tribes is governed by the Kerala Scheduled Castes & Scheduled Tribes Regulation of Issue of W.P.(C) No.3657/2014 2 Community Certificates Act, 1996, Act 11 of 1996. The said Act contemplates an enquiry by the competent authority namely the Tahsildar before the grant of a community certificate. The petitioner cannot therefore seek or be granted the relief prayed for in the instant writ petition. It is for the individual members belonging to the community to move the competent authority under the Act for issue of community certificate and to convince the authority that though they are called Chakka and Chakkamar, they are really members of the Paravar community.
I therefore find no grounds to entertain the writ petition. The writ petition fails and is dismissed.
P.N.RAVINDRAN, (JUDGE)
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