IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4372 OF 2008 (Arising out of S.L.P. (C) No.22071 of 2003)

K.K. Seena and Anr.      ...Appellant(s)

Versus

State of Kerala and Ors.      ...Respondent(s)

O  R  D  E  R

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/-

- 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.

....3/-

- 3 -

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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 14, 2008.