IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 18356 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------ 1. ANOOP.R., S/O.RAMADAS, AGED 25 YEARS, KALATHOTTAM HOUSE, MOOLAMKODE P.O., ALATHUR TALUK, PALAKKAD. 2. SANOOP. R., S/O.RAMADAS, AGED 24 YEARS, KALATHOTTAM HOUSE, MOOLAMKODE P.O., ALATHUR TALUK, PALAKKAD. BY ADV. MR.JOHN JOSEPH (ROY). RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD P.O., PALAKKAD. 3. THE TAHSILDAR, TALUK OFFICE, ALATHUR TALUK, PALAKKAD DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, ALONG WITH WPC NO. 19160 OF 2009, WPC NO. 19132 OF 2009 AND WPC NO. 18454 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ----------------------------------------- W.P.(C) Nos.18356, 18454, 19132 & 19160 OF 2009 ----------------------------------------- Dated this the 29th day of March, 2010. J U D G M E N T In all these cases, the issue is regarding Community Certificate which the petitioners claim to be issued on the basis that they belong to Thandan (Scheduled Caste). 2. In W.P.(C) No.18454/2009, the petitioner is the parent whereas in other writ petitions, the petitioners are the children of persons who are having the caste status as Thandan. 3. Heard the learned Special Government Pleader also. Learned counsel for the petitioners submitted that in the absence of any enquiry by the KIRTADS or by the Scrutiny Committee, the respective Tahsildars cannot reject the application for issuance of Community Certificate. Learned Special Government Pleader submits that in all these matters, applications have been rejected and the remedy of the petitioners if at all is to file an appeal/revision petition. 4. In W.P.(C) No.18454/2009, it is submitted by the W.P.(C) No.18356/2009 & conn. cases 2 learned Government Pleader that the matter was heard on 21.10.2009 and an order was passed on 11.11.2009. Learned counsel for the petitioner in the said writ petition submits that so far the order has not been communicated to the petitioner. There will be a direction to the Tahsildar to communicate the said order to the petitioner so that he can file an appeal. Therefore, leaving open the remedy of the petitioner to file an appeal, the said writ petition is disposed of. 5. In W.P.(C) No.19132/2009 also, the Tahsildar is yet to communicate the order. Therefore, there will be a direction to the Tahsildar to communicate the order passed in the matter to the petitioner within a period of two weeks from the date of production of a copy of this judgment and the petitioner will be free to challenge the same before the Appellate Authority. 6. In W.P.(C) No.18356/2009, the petitioners are relying upon the decree of the Civil Court. Learned counsel for the petitioners submitted that in the light of the judgment of the Civil Court, unless there is a detailed investigation by KIRTADS, the respondents cannot ignore the judgment. Learned Special Government Pleader submitted that in the light of the entry W.P.(C) No.18356/2009 & conn. cases 3 under the Constitution (Scheduled Castes) Order (Amendment) Act 2007, the communities which are included in the said entry can claim the status as Thandan. By the said Act, entry 61 has been substituted 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)”. 7. Along with the statement filed on behalf of the Tahsildar, Annexure R3 order has been produced. If the petitioners file an appeal within a period of three weeks, the same will be entertained and appropriate decision will be taken. In W.P.(C) No.19160/2009, it is submitted by the learned counsel for the petitioner that an appeal is pending against the order refusing to grant the certificate issued by the Tahsildar. Therefore, the Appellate Authority will consider the matter and pass appropriate orders within a period of two months. T.R. RAMACHANDRAN NAIR JUDGE smp