Devadas.K. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 26479 of 2009 (D) ---------------------------- PETITIONER:
-------------------------- DEVADAS.K., S/O.KRISHNAN, 35 YEARS, PALLATHU HOUSE, VADAKKEPOTTA, THEKKEPOTTA P.O., ALATHUR TALUK, PALAKKAD DIST. 678 687.
BY ADVS.SRI.JOHN JOSEPH(ROY) SRI.VINEESH P.GEORGE RESPONDENT(S):
--------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, S.C./S.T. DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF K.P.S.C., PATTAM, THIRUVANANTHAPURAM.
3. THE DISTRICT OFFICER, K.P.S.C. DISTRICT OFFICE, PALAKKADU P.O., PALAKKADU.
4. THE TAHSILDAR, TALUK OFFICE, ALATHUR TALUK, PALAKKADU DISTRICT.
R1, R3 & R4 BY SPEICAL GOVT. PLEADER SRI.LALY VINCENT R2 BY SRI.ALEXANDER THOMAS,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 26479 of 2009 (D) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 :
TRUE COPY OF THE ADMISSION TICKET DATED 5.9.2009 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 :
TRUE COPY OF THE APPLICATION FOR CASTE CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P3 :
TRUE COPY OF THE 1ST PAGE OF THE S.S.L.C.BOOK OF THE PETITIONER.
EXHIBIT P4 :
TRUE COPY OF THE TRANSFER CERTIFICATE OF THE SISTER OF THE PETITIONER.
EXHIBIT P5 :
TRUE COPY OF THE ADMISSION REGISTER OF THE FATHER OF THE PETITIONER.
EXHIBIT P6 :
TRUE COPY OF THE REGISTER OF THE SPECIAL BENEFITS DISBURSED TO THE FAMILY OF THE PETITIONER FROM THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL.
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K. Vinod Chandran, J ------------------------------------------- W.P.(C).No.26479 of 2009-D ------------------------------------------- Dated this the 13th day of July, 2015
JUDGMENT
The petitioner claims to be a member of Thandan community, which according to him is included in the list of Scheduled Castes for the State of Kerala.
2. The learned Special Government Pleader (SC & ST) appearing for the State would submit that earlier, only the Thandan community of the Travancore area were included in the list. Earlier the community was recognised as a Scheduled Caste only in the Travancore-Cochin area and not in the Malabar area. The area restriction was taken away by Act 108 of 1976. The list was thus made applicable to the entire State of Kerala.
3. The persons, who belonged to the Thandan community all over the State were entitled to be treated as Scheduled Caste. The denial of such caste status to persons in the Malabar (Palghat) area, by the officers of the State, went to the Hon'ble Supreme Court. The Hon'ble Supreme Court in Palghat Jilla Thandan Samudhaya Samrakshna Samithi v. State of Kerala [1994(1) SCC 359] held against the State.
WP(C).No.26479 of 2009 - 2 - However, the State was of the opinion that the Ezhavas in the Malabar area were also known as Thandan and the community known as Thandan in the Malabar areas has no connection with the communities of the same name in the Travancore area. A Constitution amendment was brought by Constitution (Scheduled Castes) Order (Amendment) Act, 2007 by which the Ezhavas, Thiyyas, known as Thandan in the erstwhile Cochin and Malabar areas were excluded from the schedule.
4. The petitioner belonging to the Malabar area claiming to belong to the community of Thandan, hence would not be entitled to the benefit of a Scheduled Caste. The above position has also been declared by a Division Bench decision of this Court reported in Madhavan P. and Others v. State of Kerala and Others [2010 (2) KHC 739 (DB)].
Following the aforesaid decision, the writ petition would stand dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
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