IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20521 of 2011(M) ------------------------------------------ PETITIONERS: ---------------------- 1. KERALA KAIKOLA/MUDALI SANGAM, REG.NO.CA 272/2010, H.O. PALAPPURAM, OTTAPALAM-3, PALAKKAD DISTRICT, REPRESENTED BY SECRETARY, N. ANGAPPAN MASTER, AGED 57 YEARS, S/O.A. NAMASIVAYAN MUDALI, KUNDIL HOUSE, MUTHALIYAR THERUVU, OTTAPALAM II VILLAGE,PALAPPURAM AMSOM DESOM, OTTAPALAM, PALAKKAD DISTRICT. 2. MAHESH .R., AGED 28 YEARS, S/O.M.RAMASWAMI, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 3. DINESH BABU, AGED 35 YEARS, S/O.SUBRAMANIAN, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 4. S.RAMESH BABU, AGED 48 YEARS, S/O.SUBRAMANIAN, 132, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 5. JAYAPRADEEP, AGED 35 YEARS, S/O.P.NARAYANA MUTHALI, 9/450,NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 6. SUBRAMANIAN, AGED 71 YEARS, MAANIKKAMUTHALI, 426, ANAKKATH HOUSE, MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 7. PRADEEP, AGED 26 YEARS, S/O.NARAYANA SWAMI, 'AISWARYA', MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 8. PRIYADARSHINI, AGED 37 YEARS, (W/O.MAARIMUTHU), D/O.NARAYANA SWAMI, 263 B, CHATHANCHERRIPARAMBIL, MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 9. PRADEEP KUMAR, AGED 26 YEARS, S/O.A.MOHAN, ANAKKATHODY HOUSE, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. WP(C).No. 20521 OF 2011(M): 10. ARUN KUMAR, AGED 30 YEARS, S/O.S.SELVARAJ, RAMMPANTHODI HOUSE, H.NO.IX 154, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 11. PRABU, AGED 26 YEARS, S/O.GANESAN, NAMBANTHODY HOUSE, MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 12. SANTHOSH, AGED 26 YEARS, S/O.NARAYANA SWAMI, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 13. SANDEEP, AGED 29 YEARS, S/O.K.RAJENDRAN, MINI NIVAS, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 14. SURESH KUMAR, AGED 27 YEARS, S/O.MANIKKAN, ATHOORKUNNATH HOUSE, NEDUGATHUR, MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 15. M.BABU SUBRAMANIAN, AGED 44 YEARS, S/O.NADARAJAN, THEKKEVARI STREET, MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 16. PRABU RAM PRASAD, AGED 28 YEARS, S/O.M.JYOTHI VENKITACHALAM, DOOR NO.337, SOUTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 17. JAYACHANDRAN, AGED 40 YEARS, S/O.CHIDAMBARAN, 125, NAMPANTHODI, SHORNUR, PALAKKAD DISTRICT. 18. R.JAYESH KUMAR, AGED 37 YEARS, S/O.RAMACHANDRAN, 430, SREE NILAYAM, SHORNUR, PALAKKAD DISTRICT. 19. PRABHU, AGED 26 YEARS, S/O.RADHAKRISHNAN, 265, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 20. ASHOK, AGED 26 YEARS, S/O.VENUGOPALAN, 365, SOUTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 21. SREENIVASAN, AGED 43 YEARS, S/O.MANIKYAM, 231 (14/456), THEKKEVARI THERUV, SHORNUR, PALAKKAD DISTRICT. 22. SAJITH, AGED 20 YEARS, S/O.GOPALAN, 139 (18/457), NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. PIN-679 121. WP(C).No. 20521 OF 2011(M): 23. RAVINDRAN, AGED 51 YEARS, RAMASWAMY, 455, LAKSHMI NIVAS, SHORNUR, PALAKKAD DISTRICT. 24. SABARIDAS, AGED 52 YEARS, S/O.VELLAYANNAN, 153, NORTH MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 25. SELVARAJAN, AGED 49 YEARS, S/O.RAMALINGAM, 225, THEKKEVARI TERUV, SHORNUR, PALAKKAD DISTRICT. 26. RAMESH, AGED 30 YEARS, S/O.USHARANI, MALLISSERIPARAMP, SHORNUR, PALAKKAD DISTRICT. 27. M.SURESH KUMAR, S/O.MANIKYA MUDALI, NO.245, THEKKEVARI, SOUTH MUDALIYAR STREET, SHORNOOR, PALAKKAD DISTRICT. BY ADV. SRI.RAJIT. RESPONDENTS: ------------------------ 1. KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTE AND SCHEDULED TRIBES (KIRTADAS), REPRESENTED BY ITS DIRECTOR, KOZHIKODE. 2. THE TAHASILDAR, THALUK OFFICE, OTTAPALAM, SHORNUR.P.O., PALAKKAD DISTRICT. 3. THE VILLAGE OFFICER, SHORNUR, PALAKKAD DISTRICT. R2 & R3 BY SPL. GOVT. PLEADER SRI.P. SANTHOSHKUMR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.20521 OF 2011 (M): APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE MEMORANDUM OF ASSOCIATION AND THE BYE LAWS OF THE P.1. ORGANIZATION. EXT.P.2: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.2. EXT.P.3: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE FATHER OF THE P.2. EXT.P.4: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE MOTHER OF THE P.2. EXT.P.5: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE P.3. EXT.P.6: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE P.4. EXT.P.7: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.5. EXT.P.8: COPY OF THE EXTRACT OF THE SSLC CERTIFICATE BELONGING TO THE P.6. EXT.P.9: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.7. EXT.P.10: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.8. EXT.P.11: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.9. EXT.P.12: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.10. EXT.P.13: COPY OF THE CERTIFICATE ISSUED BY THE THASILDAR OF OTTAPALAM TO THE FATHER OF THE P.10. EXT.P.14: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.11. EXT.P.15: COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR OF OTTAPALAM TO THE FAMILY OF THE P.11. EXT.P.16: COPY OF THE CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE P.12. EXT.P.17: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.13. EXT.P.18: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.14. EXT.P.19: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.15. EXT.P.20: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.16. EXT.P.21: TRUE EXTACT OF THE ADMISSION REGISTER OF THE MOTHER OF THE 17TH PETITIONER, WHICH SHOWS HER CASTE AS HINDU MUDALI. WP(C) NO.20521/2011-M: EXT.P.22: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.18. EXT.P.23: COPY OF THE SSLC CERTIFICATE BELONGING TO THE P.19. EXT.P.24: TRUE EXTRACT OF THE ELEVANT PAGES OF THE SSLC BOOK OF THE P.20, WHICH SHOWS HIS CASTE AS HINDU MUDALI. EXT.P.25: COPY OF EXTRACT OF THE ADMISSION REGISTER BELONGING TO THE P.21. EXT.P.26: COPY OF THE CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE P.22. EXT.P.27: COPY OF THE EXTRACT OF THE ADMISSION REGISTER BELONGING TO THE P.23. EXT.P.28: COPY OF RELEVANT PAGES OF THE SSLC BOOK OF THE DAUGHTER OF THE P.23. EXT.P.29: COPY OF THE EXTRACT OF THE ADMISSION REGISTER BELONGING TO THE P.24. EXT.P.30: COPY OF THE EXTRACT OF THE ADMISSION REGISTER BELONGING TO THE P.25. EXT.P.31: THE EXTRACT OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE P.26, WHICH SHOWS HIS CASTE AS HINDU KERALA MUDALI. EXT.P.32: COPY OF THE EXTRACT OF THE ADMISSION REGISTER BELONGING TO THE P.27. EXT.P.33: COPY OF THE LETTER BEARING NO.C1-2010/41476/9/4000 DT. 23/12/2010. EXT.P.34: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 14/07/2010 IN W.P.(C).20298/2010. EXT.P.35: COPY OF THE COMMUNICATION ISSUED BY THE R2. TO THE PETITIONER IN EXT.P.34 JUDGMENT. EXT.P.36: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE R2. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 20521 OF 2011 ===================== Dated this the 5th day of August, 2011 J U D G M E N T First petitioner is a Society registered under the Societies Registration Act, which is stated to have been incorporated for the welfare of persons belonging to Kerala Mudali/Kerala Kaikolan community members. In this writ petition, the prayer sought is to direct the respondents to consider the applications made by the members of the 1st petitioner and to issue them community certificate. 2. Learned Government Pleader has obtained instructions from the 1st respondent, a copy of which has been made available to this Court and the relevant portion reads as under:- “The vigilance cell has conducted the anthropological investigation with regard to the people claiming Kerala Mudali Caste. The report will be finalised and forwarded to the Tahsildar within two weeks time. The enquiry has revealed that they actually belong to the Kaikolan caste, which is a weaving community. In fact most of the members have recorded their caste name as Mudali, Mudaliar, Kaikolan etc in the school records. The anthropological literature reveals that 'Mudali' in the title used by the community members. the finding of the enquiry is that they are eligible for OBC Community certificate as Kaikolan (Item No.27) in the State OBC list. In Malabar area they were getting certificate as WPC No. 20521/11 :2 : Kaikolan only and weavers of Southern districts in the state were claiming Kerala Mudali”. 3. Now that the instructions obtained by the learned Government Pleader is to the above effect, the only direction that is necessary is to clarify that, it will be open to the members of the first petitioner to make applications for community certificate. It is directed that once enquiry mentioned in the instructions to the learned Government Pleader is completed, application to be made by the members of the 1st petitioner shall be dealt with by the 2nd respondent in accordance with law and orders thereon will be passed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp