Heard learned counsel for the parties.
Leave granted.
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
...2/-
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.
In our view, the state of affairs in the State of Kerala, at the relevant time,
was shocking. When High Court after due consideration recorded a finding that
appellants belonged to Thandan community which was Schedule Caste and directed
the Tehsildar to grant certificate in their favour, we really fail to understand how the
officer of the State could dare to refuse to act in the teeth of order of the High Court
which attained finality. As a matter of fact, it was a clear cut case of contempt in
which Tehsildar could have been hauled up, but we do not propose to adopt that
procedure as the order was passed in the year 1985, a period of twenty three years
therefrom expired and the officer might have retired from service or even from this
world. There cannot be better case than this for awarding heavy costs against the
State Government, which must be paid to the appellants within a time fixed by this
Court.
Accordingly, the appeal is allowed with costs, impugned order passed by
the Division Bench is set aside, the same passed by the learned Single Judge restored
and the present Tehsildar is hereby commanded to grant the required certificate
within one month from today. Hearing fee is assessed at Rupees fifty thousand, which
shall be paid by the concerned District Magistrate to the appellants by demand drafts
drawn in their favour drawn upon a local bank within the same time. All concerned
would see that the directions aforementioned are carried out within the time schedule
so that this Court may not be compelled to take any harsh action against them.
This order shall be communicated by learned counsel appearing for the
State to the Chief Secretary with a copy to the concerned District Magistrate.
[G.S. SINGHVI] New Delhi, July 14, 2008.