CHINNU ROY GEORGE Vs. CHINNU ROY GEORGE

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs :-

(2.) Heard the learned counsel for the petitioners and the learned Government Pleader, quite in extenso.

(3.) It is submitted by the learned counsel for the petitioners that the 1st petitioner had been granted a community certificate by the competent authority. It is submitted that when the request made by the 2 nd petitioner for community certificate had been sent up before the KIRTADS for a report, Ext.P16 report had been submitted by the Vigilance Officer of the KIRTADS. The learned counsel for the petitioners submits that all the findings in Ext.P16 are in favour of the petitioners and it has been found that the petitioners have lived as members of the 'mala araya' community and have suffered all the discrimination as well as the difficulties faced by the members of the said Tribe. However, in Ext.P16 the Vigilance Officer has gone on to state that the petitioners are not liable to be treated as members of the 'Christian mala araya' community. The learned counsel for the petitioners submits that the Vigilance Officer of the KIRTADS is expected to give only a report in respect of the claim of the person seeking the community status and a finding is to be entered into by the competent Officer in terms of Section 5 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. It is submitted that the 3rd respondent, who is the competent authority in terms of the Act is liable to issue a community certificate.