IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 OP.No. 5322 of 1999(H) ---------------------- PETITIONER: ------------ PALGHAT JILLA THANDAN SAMUDHAYA SAMRAKSHANA SAMITHI, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, REP. BY ITS SECRETARY. BY ADV. SRI.S.VENKATASUBRAMONIA IYER(SR.) RESPONDENTS: ------------- 1. GOVT. OF KERALA, REP. BY CHIEF SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA INSTITUTE FOR RESEARCH, TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADA), CHEVAYOOR, KOZHIKODE-17. 3. THE CHEIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF SC/ST CLAIMS AND PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR (ANTHROPOLOGY) AND VIGILANCE OFFICER, KIRTADS, CHEVAYOOR, KOZHIKODE-17. BY GOVERNMENT PLEADER SRI. P. SANTHOSH KUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 5322/1999. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF JUDGMENT IN O.P.8719/1988. EXT.P2 NOTIFICATION DT. 8-5-1995. EXT.P3 SHOW CAUSE NOTICE ISSUED BY SCRUTINY COMMITTEE. EXT.P4 DO. DO. EXT.P5 DO. DO. EXT.P6 DO. DO. EXT.P7 DO. DO. EXT.P8 REPORT PUBLISHED IN KERALASABDAM WEEKLIES. EXT.P9 NEWS PAPER REPORT. ETXT.P10 NOTIFICATION DT. 20-12-1996. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 5322 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th September, 2008. J U D G M E N T The petitioner is a society registered under the Societies Registration Act stated to be established to promote the welfare of the members of the Thandan community in Palakkad district. In this original petition, they are seeking the following reliefs: “1. Be pleased to declare Section 9 of Act 11 of 1996 as violative of Article 14 of the Constitution of India and strike down the same as unconstitutional. 2. Be pleased to issue writ or other appropriate order or direction directing the Government of Kerala to immediately constitute a Scrutiny Committee as contemplated under Section 8 of the Act with independent person as its Chairman and issue direction to prescribe guidelines in the matter for submission and verification of documents and evidence for the issuance of caste certificates as contemplated under Act 11 of 1996. 3. Be pleased to declare that the decisions so far taken by the Scrutiny Committee now functioning as per the earlier notification vide Exhibit P.2 as null and void. 4. Be pleased to direct the Government and the enquiry officers to give adequate weightage to the documents submitted by the claimants as directed in Supreme Court's judgment. 5. Be pleased to direct the Tahsildars not to refer all Thandan applications for Scheduled Caste certificates for anthropological investigations and to grant such other orders as may be sought for and prayed from time to time.” 2. As far as the first relief is concerned, I am not satisfied that there is anything in Act 11/1996 which is violative of Article 14 of the Constitution on any of the grounds mentioned in this original petition. As far as the second prayer is concerned, the learned Government Pleader points out that by SRO 312/2002 dated 20-4-2002, a Scrutiny Committee has been constituted. As far as the third prayer is concerned, the learned Government Pleader points out that as per the Kerala (Scheduled Caste and Scheduled Tribes) Regulation of Issue of O.P. No. 5322/1999. -: 2 :- Community Certificates (Amendment) Ordinance, 2008, which has been re-issued, all decisions taken by the Scrutiny Committee then existing have already been validated. Regarding the fourth prayer, it is for the petitioner or any of the members of the community to produce appropriate documents before the Scrutiny Committee or before the expert agency whenever consideration of such nature are in progress and I have no reason to apprehend that such documents would not be considered by the appropriate authorities. As far as the fifth prayer is concerned, the Constitution (Scheduled Castes) Order has been amended by the Constitution (Scheduled Castes) Order (Amendment) Act, 2007 by which the following entry has been incorporated therein: “61. Thandan (excluding Ezhavas and Thiyyas who are known as Thandan in the erstwhile Cochin and Malabar areas) and (Carpenters who are known as Thachan, in the erstwhile Cochin and Travancore State)”. That being so, it is perfectly within the competence of the authorities under the Act to conduct anthropological investigations in respect of claims for community status as a Thandan in order to ascertain whether Ezhavas and Thiyyas in the erstwhile Cochin and Malabar areas masquerading as Thandans are claiming such status as a scheduled caste. Therefore, I do not find any merit in any of the contentions in the original petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/