C. Krishnakumar and anr. Vs. State of Kerala and ors.

C. Krishnakumar and anr. vs State of Kerala and ors.

Disposition Petition dismissed Court Kerala Decided Jan 08, 2008

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Citation: sooperkanoon.com/717179
Court: Kerala High Court
Judge: J.B. Koshy and; K. Hema, JJ.
Decided On: Jan 08, 2008
Case Number: MFA No. 2 of 2008
Subject: Constitution
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Constitution
Outcome / disposition: Petition dismissed
Acts & sections: Kerala (Scheduled Castes and Scheduled Tribes) issue of Community Certificate Act, 1996 - Sections 7, 11, 11(4) and 12(3); Principal Act - Sections 12

Parties & Advocates

Appellant / Petitioner

C. Krishnakumar and anr.

Advocate N. Nandakumara Menon, Sr. Adv.,; P.K. Manojkumar and; Su

Respondent

State of Kerala and ors.

Advocate P.K. Santamma, Adv. and; P. Santhosh Kumar, GP

Legal References

Acts: Kerala (Scheduled Castes and Scheduled Tribes) issue of Community Certificate Act, 1996 - Sections 7, 11, 11(4) and 12(3); Principal Act - Sections 12
Reported In: 2008(1)KLJ406; 2008(1)KLT580

Excerpt

- j.b. koshy, j.1. petitioner is challenging the order dated 24-12-2007 cancelling the community certificate passed by the 2nd respondent under section 11 of the kerala (scheduled castes and scheduled tribes) issue of community certificate act, 1996 (in short' the act'). such orders were appealable under section 12(3) of the act. but by ordinance no. 55/2007, section 11 was amended by inserting sub rule 4 to section 11 providing that no appeal or suit will lie against such orders passed by the scrutiny committee. section 12(3) was also omitted. section 7 ordinance reads as follows:7. amendment of section 11: in section 11 of the principal act:-(i) omitted(ii) after sub-section (3), the following sub-section shall be inserted, namaly:(4) an order passed by the scrutiny committee shall be final and conclusive. no suit or appeal shall lie against the order passed by the scrutiny committee.section 8 of the ordinance reads as follows:8. amendment of section 12: in section 12 of the principal act, sub-section (3) shall be omitted.2. therefore, the only remedy for the petitioner is to file a writ petition if there are grounds for filing the same. without prejudice to the right of the petitioner, this appeal is dismissed.

Full Judgment

J.B. Koshy, J.

1. Petitioner is challenging the order dated 24-12-2007 cancelling the community certificate passed by the 2nd respondent under Section 11 of the Kerala (Scheduled Castes and Scheduled Tribes) issue of Community Certificate Act, 1996 (in short' the Act'). Such orders were appealable under Section 12(3) of the Act. But by Ordinance No. 55/2007, Section 11 was amended by inserting Sub rule 4 to Section 11 providing that no appeal or suit will lie against such orders passed by the Scrutiny Committee. Section 12(3) was also omitted. Section 7 Ordinance reads as follows:

7. Amendment of Section 11: In Section 11 of the principal Act:

-(i) omitted

(ii) after Sub-section (3), the following sub-section shall be inserted, namaly:

(4) An order passed by the Scrutiny Committee shall be final and conclusive. No suit or appeal shall lie against the order passed by the Scrutiny Committee.

Section 8 of the ordinance reads as follows:8. Amendment of Section 12: In Section 12 of the principal Act, Sub-section (3) shall be omitted.

2. Therefore, the only remedy for the petitioner is to file a writ petition if there are grounds for filing the same. Without prejudice to the right of the petitioner, this appeal is dismissed.

Same Court & Year Kerala · 2008 Same Parties C. Krishnakumar and anr. vs State of Kerala and ors. Same Subject Constitution Same Judge J.B. Koshy and; K. Hema, JJ. Acts & Sections Kerala (Scheduled Castes and Scheduled Tribes) issue of Commu...

Constitution