Kerala High Court
Unknown vs Geetha R
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 3RD DAY OF JANUARY 2018 / 13TH POUSHA, 1939
WP(C).No. 26511 of 2003
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PETITIONER(S)
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1. GEETHA R,AGED 23 YEARS,
W/O MURUKESHAN, CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
2. RAJAMANI, AGED 50 YEARS,
W/O CHINNAN,CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
3. C.MANI, AGED 49 YEARS,
S/O CHINNAMUTHU,KARAPARA ESTATE, KARAPARA
'A'DIVISION,NELLIYAMPATHY.
4. C.MURUKAN, AGED 45 YEARS,
S/O CHINNAN, KOTTAYANGADU DIVISION,NELLIYAMPATHY.
5. M.MUTHU, AGED 41 YEARS,S/O MUTHAN,
CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
6. M.MURUKAN, AGED 27 YEARS,S/O MUTHU SWAMI,
POTHUMALA ESTATE,NELLIYAMPATHY.
7. P. RAJAN AGED 45 YEARS,S/O PONNAN,
MANALARO ESTATE, LILLY DIVISION, NELLIYAMPATHY.
8. ARUNACHALAM, AGED 60 YEARS,S/O VELLAYAN,
KARAPARA ESTATE 'A'DIVISION NELLIYAMPATHY.
9. C.CHANDRAN, AGED 45 YEARS,
S/O CHELLAYYA, POTHUMALA ESTATE,NELLIYAMPATHY.
10. M.K.MANI, AGED 43 YEARS,
S/O KONGAN, POTHUMALA ESTATE, NELLIYAMPATHY.
11. K.SUBRAMANYAN, AGED 33 YEARS,
S/O KANDASWAMI, POTHUMALA ESTATE, NELLIYAMPATHY.
12. R. VELUSWAMI, AGED 42 YEARS,
S/O RAJU,MANALARO ESTATE,LILLY DIVISION, NELLIYAMPATHY.
13. P. KAMARAJ, AGED 34 YEARS,S/O PONNAYYA,
CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
WP(C).No. 26511 of 2003
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14. P. LAKSHMANAN, AGED 34 YEARS,
S/O THANKARAJ, CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
15. V.KUPPUSWAMY, AGED 53 YEARS,
S/O VELLAYAN,CHANDRAMALA ESTATE,
OOTHUKUZHI DIVISION, NELLIYAMPATHY.
16. P.RAMAN, AGED 48 YEARS,
S/O PONNUSWAMI KARAPARA ESTATE, NELLIYAMPATHY.
17. N. PONNUSWAMI, AGED 60 YEARS,
S/O NALLAMUTHU, MANALARO ESTATE,
POTHUPARA DIVISION NELLIYAMPATHY.
18. K.KUPPUSWAMI AGED 53 YEARS,
KOLANTHAN, MANALARO ESTATE, LILLY DIVISION,NELLIYAMPATHY.
19. G. CHINNARAJ, AGED 40 YEARS,
S/O GANESHAN, CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
20 M.PALANIYAPPAN, AGED 40 YEARS,
S/O MUTHU,CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
21. C.A PANCHAVARNAM, AGED 35 YEARS,
W/O RAJU, KARAPARA ESTATE, NELLIYAMPATHY.
22. SRIRANGAN, AGED 45 YEARS,
S/O KALI,CHANDRAMALA ESTATE,
KOTTAYANGADU DIVISION, NELLIYAMPATHY.
23. M.CHANDRAN, AGED 46 YEARS,
S/O MUTHUSWAMI,ANAMADA ESTATE, NELLIYAMPATHY.
24. C.MOHANAN, AGED 48 YEARS,
S/O CHINNAMUTHU,ANAMADA ESTATE, NELLIYAMPATHY.
25. NALLASWAMI, AGED 47 YEARS,
S/O PACHAMUTHU, PADAGIRI P.O, NELLIYAMPATHY.
BY ADV.SRI.A.X.VARGHESE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF TRIBAL DEVELOPMENT,THIRUVANANTHAPURAM.
2. DIRECTOR FOR SCHEDULED CASTE AND SCHEDULED TRIBES,
KERALA STATE, THIRUVANANTHAPURAM.
3. DISTRICT COLLECTOR, PALAKKAD.
WP(C).No. 26511 of 2003
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4. TRIBUNAL WELFARE OFFICER, PALAKKAD.
5. TAHSILDAR, CHITTOOR TALUK PALAKKAD.
BY SPECIAL GOVERNMENT PLEADER SRI K.V.PRAKASAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 26511 of 2003
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APPENDIX
PETITIONERS EXHIBITS:
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P1: PHOTOCOPY OF THE CASTE CERTIFICATE ISSUED INFAVOUR OF THE IST PETITIONER.
P2: PHOTOCOPY OF THE CASTE CERTIFICATE ISSUED INFAVOUR OF THE 2ND PETITIONER.
P3: PHOTOCOPY OF THE CASTE CERTIFICATE ISSUED INFAVOUR OF THE 3RD PETITIONER.
P4: PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE ADIVASI VIKASANA SAMITHI
DISTRICT COMMITTEE DATED 18.10.02.
I.A 15098/2004 IN WPC 26511/2003 EXHIBITS:
P4: TRUE COPIES OPF THE CASTE CERTIFICATE ISSUED IN FAVOUR OF 3RD ,5TH,6TH
7TH,8TH,12ND,15TH, 19TH,20TH,22ND, AND 23RD PETITIONER BY THE TAHSILDAR
CHITTUR.
P5: PHOTOCOPY OF THE RELEVANT PORTION OF THE LIST.
P6: PHOTOCOPY OF THE GOVERNMENT ORDER DATED 10.4.1978.
P7: PHOTOCOPY OF THE REPORT FILED BY THE VIGILANCE OFFICER KIRTADS WHICH WAS
SENT TO THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES
DATED 26.5.2006.
RESPONDENTS ANNEXURES:
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A1: REPORT OF VIGILANCE OFFICER, DIRECTOR OF KIRTADS, VIDE NO.V.1867/04
DATED 25.4.2006.
/TRUE COPY/
K.V. P.S.TO JUDGE
A. MUHAMED MUSTAQUE, J.
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W.P. (C) No.26511 of 2003
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Dated this the 3rd day of January, 2018
JUDGMENT
The petitioners in this writ petition challenge the action of the respondents not treating them as Scheduled Tribes in the State. According to the petitioners, they belong to Malasar and Malayan, Scheduled Tribe in the State and therefore, they are entitled for enjoying all the benefits attached to the community treating as Scheduled Tribe.
2. In this matter, a report of KIRTADS is made available. The report indicates that the petitioners are migrated from Tamil Nadu and they were treated as Hindu Malayali of Tamil Nadu and therefore, they cannot claim community status of Malasar or Malayan in the State.
3. This Court cannot interfere with the fact finding made by the Vigilance Officer attached to KIRTADS. It appears that the KIRTADS's report has been approved by the Scrutiny Committee. W.P.(C) No.26511/2003 2
4. Learned Special Government Pleader submits that Hindu Malayali in Tamil Nadu are treated as Other Eligible Communities (OEC) and they are entitled to all the benefits attached to OEC.
5. Learned counsel for the petitioners points out that in a connected matter namely, W.P.(C) No.25990 of 2005, a memo was filed by the State stating that the Malayali community was recommended to be included as Scheduled Tribe in the State.
No doubt, if a notification comes treating the Malayali community as Scheduled Tribe, certainly the petitioners shall be entitled for such benefit based on the notification.
This writ petition is disposed of as above.
A. MUHAMED MUSTAQUE JUDGE smp