IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 28987 of 2005(A) ------------------------------------- PETITIONER(S): ----------------------- SHIBU K., S/O. KUMARAN, THACHANPOTTA HOUSE, KUNISSERY POST, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.M.V.BIPIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO THE GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR, ALATHUR, PALAKKAD DISTRICT. 4. SHAKHA BHARTI KARYALAYA, BRANCH RECRUITING OFFICE, WEST HILL BARRACKS, CALICUT-673005, REP. BY THE OFFICER. R4 BY ADV. SRI.P.MURALEEDHARAN, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28987/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SSLC CERTIFICATE ISSUED TO THE PETITIONER. P2:- COPY OF THE PAGE NO.3 OF THE SSLC BOOK OF SRI. BABU K., THE PETITIONER'S BROTHER. P3:- COPY OF THE PAGE NOS. 2 AND 3 OF THE SSLC BOOK OF SRI.BIJU K., THE PETITIONER'S BROTHER. P4:- COPY OF THE ASSIGNMENT DEED. P5:- COPY OF THE ADMIT CARD ISSUED BY THE RESPONDENT NO.4 TO THE PETITIONER. P6:- COPY OF THE CALL LETTER DT.18.9.2005 ISSUED TO THE PETITIONER. P7:- COPY OF THE COMMUNITY CERTIFICATE DTD. 3.10.2005 ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER. TRUE COPY P.S. TO JDUGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28987 of 2005-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011. JUDGMENT The petitioner approached this Court challenging Ext.P7 and seeking for a direction to issue community certificate showing that he belongs to “Hindu Thandan” community. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. 3. The controversy with regard to the status of “Thandan” in the erstwhile Cochin and Malabar areas have been pending for a long time and the Constitution (Scheduled Castes) Order (Amendment) Act, 2007, Entry 61 has been amended the relevant schedul as follows: “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)” It is mainly pointed out by the learned counsel for the petitioner that the Tahsildar has not conducted a due enquiry in the matter and therefore the hasty action cannot be supported. 4. In that view of the matter, Ext.P7 will stand set aside. The Tahsildar will conduct a fresh enquiry in the matter after notice to the wpc 289872/005 2 petitioner and if the petitioner seeks issuance of any certificate showing the community status, the claim of the petitioner will be thus enquired into and an appropriate decision will be taken in the light of the amendment act as noted above, and communicated to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/