News Uptodate

BEFORE THE SCEUTENY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATE AND SECRETARY . SCSTDD.
THIRUVANANTHAPURAM.

No: 18123/G2/2008/SCSTDD

Objection Filed by Kuttan Kttachira , Power of Attorney holder for and on behalf of Smt: Kunnjumol , W/o. Jayadeev , Veliyathilparmbil . Manjoor South P.O..Kottayam.

All the averments and contentions raised in the report and the proceedings before the committee are denied as false , bogus and unfounded one.

On perusal of the GENEALOGICAL AND DOCUMENTARY EVIDENCES (Page No:2) Peternal – all arguments are false and unfounded hence denied. There is an argument that “In this case the claimant’s father was born to Christian parents . Hence undoubtedly the claimant is Christian by birth and was living as Christian” is a malicious report ,hence denied.

Claimant belongs to Pulaya caste along with her parents. Parents also belongs to Pulaya Caste. According to Christian religion, each and every human beings, remains out of religion since they obtaining baptism. Thus the claimant also being out of religion by birth and she belongs to Pulaya Caste while her parents are also Pulaya Caste .In Christian Religion nobody becoming Christian by birth since they obtain baptism, and none such evidence of claimant’s baptism . Hence the report did not produced any evidence to support the contention that ‘ claimant is Christian by birth and was living as Christian’ is vexatious one , hence denied.

There is no supporting evidence produced therewith that the claimant’s father was born to Christian parents .He absolutely belongs to Pulaya Caste by birth due to his father (ie; Claimant’s Grand Father ) also belongs to Pulaya Caste .The worship of Christian god is not the part of birth. Therefore by birth of a child of Pulaya Caste member cannot say that “ that child belongs to the parents Christian religion since that child obtain the baptism. Therefore the research report made in this case is unfounded, malicious and vexatious one, hence denied.

According to the claimant’s case, her parents called her “ELIZABETH” a Christian name while they worship Christian god. But the claimant become mature she prefer herself the name as “ KUNJUMOL ”.Unless she did not obtain baptism of Christianity she notified such matter through the legal status in Kerala Gazette.

The Pulayan one who did not obtain the baptism remains as Pulayan .Pulayan is one of the Caste of Hinduism .According to the report (page No:5) In case of a
convert is that he/she will lose his/her caste identity since the Christian religion does not have a caste system. Therefore the claimant and her community members once converted to Christian ,they will lose their caste identity is admitted. Therefore they cannot identified like Cheramar Christian due to the claimants and her community members in Kerala lose their caste identity. The report did not discloses that the claimant obtain baptism at any time and the claimants and her community members also belongs to Christian Community of Cheramer origin is contradictory, hence the averments stated in the report is bogus and unfounded ,hence denied.

Christian is not a caste, however the report misleading that Christian is a caste . It is out of the limit of the Vigilance Officer of KIRTADS. Similarly the claimant’s community member Sri. Joseph alias Gopinadh , Konakkuppakkattu house, Kaduthuiruthy Village, Vaikom Taluk of Kottayam District a Cheramer Christian community, embraced Hinduism and obtained Scheduled Caste Certificate from the same Competent Authority where the claimant’s dispute arise,to avail the Constitutional benefits and also his children K.G.Balakrishnan, Rt: Chief Justice of The Hon: Supreme Court of India, K.G.Bhaskeran, K.G.Vijayan, K.G.RAju respectively enjoying the SC benefits still . The Joseph’s paternal and maternal grand parents also belong to Christian community of Cheramer origin.

The enquiry conducted upon a complaint made by the competent authority of Vaikom and not on Sou mou to by the vigilance officer is admitted. Therefore there is a complainant ie; the Thahasildar. Once a scheduled caste certificate issued by the Thahasildar and later lodged complaint to enquire about the status of the certificate holder is illegal and against the relevant Sections of the Act 11.Therefore the enquiry and report made by the Expert Agency is a sham and bogus document , hence the proceedings shall be quashed by the Scrutiny committee .

At the same period while the enquiry in progress, the same competent authority supplied another caste certificate dated 14-04-2009 as No: C3-6104/2009 to the same person ,Kunjmol as Scheduled Caste shows that there is not a complaint sustained in the matter. The Hon: High Court of Kerala Ordered upon the affidavit of the issuing authority that Smt. Kunjmol belongs to Scheduled Caste and eligible to obtain the status of Scheduled Caste on the basis of that certificate. Therefore the expert agency or the Scrutiny Committee cannot take any adverse decision unless the contrary proved against that court Order in any other legal forum.

These and other grounds the Hon: Scrutiny Committee shall dismiss the report and quash the proceedings and dismiss the case before this forum in the Caste status of Smt: Kunjmol

Dated this the 23rd of July 2010.

Power of Attorney Holder.