High CourtsDivision Bench(2008) 01 KL CK 0049

C. Krishnakumar and Another vs State of Kerala and Others

High Court Of Kerala · Decided on 8 January 2008 · Citation: (2008) 1 KLJ 406 : (2008) 1 KLT 580

HON’BLE JUDGES
K. Hema, J · J.B. Koshy, J
RESULT
Dismissed
CASE NUMBER
MFA No. 2 of 2008

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Judgment

8 paragraphs · 201 words

J.B. Koshy, J.—Petitioner is challenging the order dated 24-12-2007 cancelling the community certificate passed by the 2nd respondent u/s 11 of the Kerala (Scheduled Castes and Scheduled Tribes) issue of Community Certificate Act, 1996 (in short ''the Act''). Such orders were appealable u/s 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, namely:-

(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, subsection (3) shall be omitted.

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.