IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 OP.No. 31834 of 2002(M) ----------------------------------- PETITIONER: ------------------- M.C.RAJAGOPALAN, MANDAKATH VEEDU, MAMPAD, KIZHAKKENCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, REPRESENTED BY ITS CHAIRMAN, SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTORATE OF KIRTADS, REPRESENTED BY ITS DIRECTOR, KOZHIKODE-17. R1 TO R3 BY GOVERNMENT PLEADER SRI. P. SANTHOSH KUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 31834/2002-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 15/05/96 ISSUED BY THE TAHSILDAR, ALATHUR. EXT.P.2: COPY OF THE ORDER OF THE SUB COLLECTOR, PALAKKAD DTD. 20/02/98. EXT.P.3: COPY OF THE ORDER DTD. 10/09/99 OF THE R.1. EXT.P.4: COPY OF THE JUDGMENT IN O.P. NO. 35595/2000 DTD. 20/12/2000. EXT.P.5: COPY OF THE REPLY DTD. 26/02/2001 SUBMITTED BY THE PETITIONER BEFORE THE R3. EXT.P.6: COPY OF THE G.O.NO.(MS)11/77/DD DTD. 25/01/1977. EXT.P.7: COPY OF THE LIST OF DOCUMENTS PRODUCED BY THE PETITIONER BEFORE THE R.3. EXT.P.8: COPY OF THE GENEALOGY CHART PRODUCED BY THE PETITIONER. EXT.P.9: COPY OF THE JUDGMENT REPORTED IN 1994 (1) KLT 118. EXT.P.10: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO. 13299/97 DTD. 08/08/2000. EXT.P.11: COPY OF THE ABSTRACT OF DOCUMENT NO. 819/1924. EXT.P.12: COPY OF THE ABSTRACT OF DOCUMENT NO. 1056/1943. EXT.P.13: COPY OF THE DOCUMENT OF THE YEAR 1948. EXT.P.14: COPY OF THE ABSTRACT OF THE DOCUMENT NO.1065/1948. EXT.P.15: COPY OF THE DOCUMENT NO. 434/1912. EXT.P.16: COPY OF THE DOCUMENT NO. 959/1932. EXT.P.17: COPY OF THE ABSTRACT OF DOCUMENT EXECUTED BY KUNJAN IN FAVOUR OF THANDAN KUNJU. EXT.P.18: COPY OF THE EXTRACT OF ADMISSION REGISTER OF SUKUMARAN. EXT.P.19: COPY OF THE EXTRACT OF ADMISSION REGISTER OF BALAKRISHNAN. EXT.P.20: COPY OF THE EXTRACT OF ADMISSION REGISTER OF NARAYANAN. EXT.P.21: COPY OF THE EXTRACT OF SCHOOL LEAVING CERTIFICATE OF KORU. O.P. NO. 31834/2002-M: EXT.P.22: COPY OF THE COMMUNITY CERTIFICATE ISSUED TO M.C. KRISHNAN. EXT.P.23: COPY OF THE ADMISSION REGISTER OF SUSHEELA. EXT.P.24: COPY OF THE EXTRACT OF ADMISSION REGISTER OF RUGMINI. EXT.P.25: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF SASINDRAN. EXT.P.26: COPY OF THE ADMISSION REGISTER OF SETHUMADHAVAN. EXT.P.27: COPY OF THE ORDER ISSUED BY THE GOVERNMENT IN FAVOUR OF M.L. SAJEEV. EXT.P.28: COPY OF THE JUDGMENT IN O.P. NO.372/1979 DTD. 23/02/1979. EXT.P.29: COPY OF THE JUDGMENT IN O.P. NO. 571/1989 DTD. 07/08/1995. EXT.P.30: COPY OF THE JUDGMENT IN O.P. NO. 9353/1984 AND CONNECTED CASES. EXT.P.31: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHASILDAR, ALATHUR TO THE PETITIONER. EXT.P.32: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KIZHAKKENCHERRY. EXT.P.33: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHASILDAR, ALATHUR TO SMT. M.C. LAKSHMI. EXT.P.34: COPY OF THE NATIVITY CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KIZHAKKENCHERY TO M.R. SANDEEP. EXT.P.35: COPY OF THE TAX RECEIPT SHOWING THE NAME OF THE FATHER OF THE PETITIONER AS CHELLAN THANDAN. EXT.P.36: COPY OF THE FRONT PAGE OF THE SSLC BOOK OF M.R. SARITHA. EXT.P.37: COPY OF THE TRANSFER CERTIFICATE ISSUED TO M.R.SARITHA. EXT.P.38: COPY OF THE FRONT PAGE OF THE SSLC BOOK OF M.R. SANDEEP. EXT.P.39: COPY OF THE COMMUNITY CERTIFICATE OF M.R. SREENATH. EXT.P.40: COPY OF THE INTERIM ORDER IN O.P. NO. 12115/97 FILED BY K.J. SREELATHA AND ANOTHER. EXT.P.41: COPY OF THE COMMUNITY CERTIFICATE ISSUED TO K.J. PRAMOD. EXT.P.42: COPY OF THE ORDER DTD.07/10/1995 OF THE SECRETARY, SC/ST DEVELOPMENT DEPARTMENT. EXT.P.43: COPY OF THE REPORT DTD. 19/09/2001 OF THE R.3. O.P. NO. 31834/2002-M: EXT.P.44: COPY OF THE SHOW CAUSE NOTICE DTD. 12/10/2001 ISSUED BY THE R.2. EXT.P.45: COPY OF THE REPLY DTD. 16/11/2001 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.46: COPY OF THE FRONT PAGE OF SSLC BOOK OF THE PETITIONER. EXT.P.47: COPY OF THE ORDER DTD. 06/09/2002 OF THE R.2. EXT.P.48: COPY OF THE ORDER DTD. 21/10/2002 ISSUED BY THE R.1. EXT.P.49: COPY OF THE POSTAL COVER IN WHICH EXHIBIT P.48 ORDER WAS SENT BY THE R1. EXT.P.50: COPY OF THE JUDGMENT DTD. 14/08/2003 IN MFA NO.544/2003. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No.31834 of 2002 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2010 J U D G M E N T In this writ petition, the petitioner who claims to belong to the Scheduled Caste Thandan community of the erstwhile Malabar area, challenges Exts.P43 & P47 orders of the 3rd & 2nd respondents, who are the KIRTADS and the Scrutiny Committee for deciding claims of Scheduled Caste & Scheduled Tribes. The petitioner's contention is that, by judgment in M.F.A. No.544/2003 filed by the sons of the petitioner's sister has been declared as belonging to a scheduled caste and therefore her children are also scheduled caste Thandan. He further submits that, although subsequently the Constitution (Scheduled Castes) Order has been amended to exclude Ezhavas and Thiyyas known as Thandan in the erstwhile Malabar area, in view of the Division Bench decision in Madhavan P. and Others v. State of Kerala and Others (2010 (2) KHC 739 (D.B.) the O.P. No.31834 of 2002 -2- benefits accrued to persons who belonged to Thandan community as a scheduled caste prior to the amendment in 2007 cannot be taken away by the amendment. 2. The learned Government Pleader would contend that, the Division Bench decision is not applicable here since that was prior to the amendment in 2007 and in view of the fact that by the amendment, Ezhavas/Thiyyas who are known as Thandan in the erstwhile Cochin and Malabar area are not treated as Scheduled Castes. Petitioner who has been proved to be belonging to Ezhava/Thiyya community cannot be treated as a scheduled caste Thandan is his contention. 3. I have considered the rival contentions in detail. 4. Admittedly the benefits which the petitioner seeks to sustain has accrued to the petitioner prior to 2007, when the amendment came into force. In view of the decision of the Division Bench in Madhavan's case (supra) such benefits cannot be taken away by the amendment Act in 2007. In the above circumstances, to that extent, the O.P. No.31834 of 2002 -3- petitioner is entitled to succeed. Therefore I hold that, despite Exts.P43 & P47 reports of KIRTADS and the Scrutiny Committee, benefits which have already accrued to the petitioner prior to 2007 cannot be taken away from the petitioner. Therefore without interfering with Exts.P43 & P47, I direct the respondents to see that any benefits accrued to the petitioner prior to 2007 as a scheduled caste is not taken away from him. Naturally in view of Exts.P43 & 47 the petitioner or his family members cannot seek any benefits as a scheduled caste after the Constitution (Scheduled Castes) Order (Amendment) Act, 2007. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/