SEENA K. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) Tehsildar refused to grant certificate to the appellants to the effect that they belonged to the Schedule Caste, which necessitated filing of writ petition before the High Court of Kerala giving rise to O.P. No.5732 of 1985. By judgment dated 2nd August, 1985, learned Single Judge recorded a clear cut finding that the appellants belonged to Thandan Community and consequently were members of Scheduled Caste. Accordingly, the Tehsildar was directed to issue required certificate in favour of the appellants. The said order attained finality as the same was not assailed either before the High Court in appeal or this Court under Article 136 of the Constitution of India, inasmuch as no review petition was filed. But in violation of the aforesaid order of the High Court, the Tehsildar again refused to grant certificate to the appellants who had no option but to take a second round by filing a fresh writ petition giving rise to O.P. No.6265 of 1997 whereby order passed by the Tehsildar refusing to grant certificate was quashed and he was directed to issue a certificate in favour of the appellants. Curiously enough, this time, for the reasons best known to the State, a writ appeal was filed against the said order which, it appears, might have been filed at the instance of the delinquent Tehsildar, who was also one of the appellants in appeal and unfortunately Division Bench of the High Court instead of dismissing the appeal by awarding heavy cost, has remitted the matter to the Tehsildar for fresh enquiry in the matter without at all applying its mind and adverting to the fact that the order dated 2nd August, 1985, passed in the earlier writ petition attained finality, the same having not been challenged before any higher court. The present appeal has been filed by way of special leave.