IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 MFA.No. 1379 of 2002(C) -------------------------------- (AGAINST THE PROCEEDINGS OF THE SCRUTINY COMMITTEE (VERIFICATION OF COMMUNITY CERTIFICATES) DATED 19.11.2002) APPELLANT: PETITIONERS ---------------------- 1. T.K.SOMASEKHARAN, S/O.T.K.KOCHU KUNJU, PADINJARE THUNDIYIL HOUSE, ERUVELIPRA MURI, THIRUMOOKAPURAM P.O., THIRUVALLA, PATHANAMTHITTA. 2. T.K.GOMATHY, D/O.T.K.KOCHU KUNJU, PADINJARE THUNDIYIL HOUSE, ERUVELLIPRA MURI, THIRUVALLA, PATHANAMTHITTA. 3. T.K.PONNAMMA, D/O.T.K.KOCHU KUNJU, PADINJARA THUNDIYIL HOUSE, ERUVELLIPRA MURI, THIRUMOOKAPURAM P.O., THIRUVALLA, PATHANAMTHITTA. 4. T.K.BHADRAMMA, D/O.T.K.KOCHU KUNJU, PADINJARE THUNDIYIL HOUSE, ERUVELLIPRA MURI, THIRUMOOKAPURAM PO., THIRUVALLA, PATHANAMTHITTA. 5. T.K.HARIDAS, S/O.T.K.KOCHU KUNJU, PADINJARE THUNDIYIL HOUSE, ERUVELLIPRA MURI, THIRUMOOKAPURAM P.O., THIRUVALLA, PATHANAMTHITTA. 6. T.K.MINIBHAI, D/O.T.K.KOCHU KUNJU, PADINJARE THUNDIYIL HOUSE, ERUVELLIPRA MURI, THIRUMOOKAPURAM P.O., THIRUVALLA, PATHANAMTHITTA. 7. T.K.SURENDRAN, S/O.KOCHU KUNJU, PADINJARE THUNDIYIL HOUSE, ERUVELLIPRA MURI, THIRUMOOKAPURAM PO, THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.N.N.SUGUNAPALAN RESPONDENTS: ------------- 1. TAHSILDAR, THIRUVALLA. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. DIRECTOR KIRTADS, KOZHIKKODE. 4. SCRUTINY COMMITTEE CONSTITUTED UNDER THE KERALA SCHEDULE CASTE AND SCHEDULE TRIBE (REGULATION OF ISSUE OF COMMUNITY CERTIFICATES) ACT, 1996, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 5. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1379 of 2002 ----------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT Koshy, J. Appellants claim that they are members of Malayarayan community, a scheduled tribe, notified by the Government of Kerala. But that was not accepted by the statutory authority. Earlier the matter was taken up by the appellants before this Court in O.P.No.12046 of 1995 and this court as per judgment dated 13.7.2001 directed to consider the caste status of the parties by the Committee constituted under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (in short, 'the Act'). Accordingly, proceedings were initiated by the Scrutiny Committee for verifying the caste status of the appellants. After considering the claims of the appellants and after going through the particulars, the above authority came to the finding that the appellants belong to Hindu Araya community (Valan community) included in OBC and not Malayarayan. It is true that earlier on their representation, Tahsildar issued certificate showing that they belong to Malayrayan community, consequent to the M.F.A.1379/02 2 judgment of the Munsiff's Court, Thiruvalla in O.S.No.487 of 1978 which was confirmed by the District Court, but after long delay appeal was filed before this Court. Delay was condoned and the above judgments were set aside holding that only by the statutory authority under the Act. The matter was considered by the above authority after getting report from KIRTADS etc. and finally held that the petitioners belong to Araya community (OBC) and not Malayarayan community which was declared as a scheduled tribe community. The documents produced would show that Malayarayan community is absent in Thiruvalla Taluk wherein the petitioners are living. A Division Bench of this Court also considered a similar matter in M.F.A.No.1007 of 1999 filed by three persons hailing from Thiruvalla. After going through the documents and caste status of their relatives, we are of the view that no grounds are made out to quash the report of the authorities declaring that the appellants are not members of schedule tribe community. But, at the same time, we note that the defence arose in the judgment of the Munsiff's Court, Thiruvalla which was confirmed by the District Court was unchallenged and the revenue authorities also issued certificate showing that they are Malayarayan community. In these circumstances, the petitioners shall not be prosecuted and the benefits already given shall not be taken away. But, the Government or authorities or employers are free to take action on the basis of the M.F.A.1379/02 3 impugned order with prospective effect. We make it clear that action can be taken only with prospective effect as they earlier got the benefits on the basis of the certificates issued by the competent authority. Monetary benefits given to them cannot be recovered from them. We also note that in the case of 7th appellant, T.K.Surendran, no action can be taken as rightly or wrongly this Court declared in Surendran v. Post Master General (1976 KLT 10) that his appointment as Post Master General, which he got on the basis of a certificate that he belongs to Malayrayan. No appeal was filed and the judgment has become final. With regard to other persons, we make it clear that the authorities will be free to take any action with prospective effect. In view of the facts and circumstances of the case, especially considering the fact that the petitioner did not commit any offence, the benefits already given shall not be recovered from them and no prosecution proceedings shall be taken for the past Act. The appeal is disposed of as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.1379/02 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 1379 of 2002 ------------------------------ JUDGMENT 22.2.2008