IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 OP.No. 4952 of 1993(M) -------------------------------- PETITIONER: ------------------- J.P. MADHUBAL, T.C. 2/155, MUTHIAH HOUSE, MOSQUE LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM -4. BY ADV. MR.GEORGE CHERIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. R1 BY GOVT. PLEADER MT. P. SANTHOSH KUMAR, R2 BY MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY., THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2009, ALONG WITH O.P NO. 5328/1994 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 4952/1993-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITIONER'S REPRESENTATION DTD. 22/03/1993 TO THE R.2. EXT.P.2: COPY OF THE JUDGMENT DT. 27/08/90 IN WRIT APPEAL PASSED BY THIS HONOURABLE COURT. EXT.P.3: COPY OF THE LETTER DT. 25/04/94 OF THE PALACE SECRETARY TO THE PANAN ASSOCIATION AS REFERRED TO IN THE REPLY. EXT.P.4: COPY OF THE ORDER IN C.M.P. NO. 11694/94 IN O.P. 6791/94 PASSED BY THIS HONOURABLE COURT, DT. 22/11/94. EXT.P.5: COPY OF THE ORDER IN C.M.P. NO. 11192 OF 94 IN O.P. NO. 6400/94 DT. 04/01/95 PASSED BY THIS HONOURABLE COURT. EXT.P.6: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF SUBRAMANIA PILLAI.N. EXT.P.7: COPY OF THE COMMUNITY CERTIFICATE OF M. JANARDHANAN PILLAI ISSUED BY THE TAHSILDAR. EXT.P.8: COPY OF THE EXTRACT OF ADMISSION REGISTER OF R. NALLA PERUMAL AS REFERRED TO IN THE REPLY. EXT.P.9: COPY OF THE RELEVANT PAGE OF NALLAPERUMAL'S SSLC BOOK. EXT.P.10: COPY OF THE PAGE OF E.S.L.C. BOOK OF SRI. RAMASWAMY PILLAI. EXT.P.11: COPY OF THE RELEVANT EXTRACT OF ADMISSION REGISTER OF SRI. RAMASWAMY PILLAI'S BROTHER SURIANARAYANA PILLAI. EXT.P.12: COPY OF THE SCHOOL ADMISSION REGISTER RELATING TO SRI. A. SUBRAMONIA PILLAI. EXT.P.13: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SRI. RAMASWAMY PILLAI. EXT.P.14: COPY OF THE CASTE CERTIFICATE DTD. 18/06/1964 ISSUED BY THE TAHSILDAR. EXT.P.15: COPY OF THE CASTE CERTIFICATE DTD.07/06/1971 ISSUED BY THE TAHSILDAR. EXT.P.16: COPY OF THE CASTE CERTIFICATE DTD. 25/11/1967 ISSUED BY THE ADDL. DISTRICT MAGISTRATE, TRIVANDRUM. O.P. NO. 4952/1993-M: EXT.P.17: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SHRI. H. KUPPUSWAMY. EXT.P.18: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SHRI. H. MARIYAPPAN. EXT.P.19: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR TO SHRI. H. MARIYAPPAN. EXT.P.20: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR DTD. 17/07/1972. EXT.P.21: COPY OF THE G.O. MS. NO.876/64 DTD. 29/12/1964 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P.22: COPY OF THE RELEVANT EXTRACT OF ADMISSION REGISTER RELATING TO SMT. PEECHI AMMAL. EXT.P.23: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR TO R. PEECHI AMMAL. EXT.P.24: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SRI. A. ADIKESAVA PERUMAL. EXT.P.25: COPY OF THE RELEVANT PAGE OF THE ESLC BOOK OF SRI. A. SIVARAMAN. EXT.P.26: COPY OF THE RELEVANT PAGE OF THE ESLC BOOK OF SRI. A. NATARAJAN. EXT.P.27: COPY OF THE RELEVANT PAGE OF THE SSLC BOK OF SRI. N. MOHAN. EXT.P.28: COPY OF THE RELEVANT PAGE OF THE ESLC BOOK OF SHRI. MADASWAMY. EXT.P.29: COPY OF THE EXTRACT OF ADMISSION REGISTER OF SHRI. N. SABRINATHAN. EXT.P.30: COPY OF THE EXTRACT OF ADMISSION REGISTER OF GOVT. L.P.S. PUTHENCHANTHAI RELATING TO SRI. C. SUBBARAYAN. EXT.P.31: COPY OF THE RELEVANT EXTRACT SCHOOL ADMISSION REGISTER OF SMT. MEENAKSHI. EXT.P.32: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SMT. S. SUBHAVATHY. EXT.P.33: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR TO S. SUBHAVATHY. EXT.P.34: COPY OF THE RELEVANT EXTRACT OF SCHOOL ADMISSION REGISTER OF SRI. S. HARINARAYANAN. EXT.P.35: COPY OF THE EXTRACT OF SCHOOL ADMISSION REGISTER OF SMT. S. KALAVATHY. O.P. NO. 4952/1993-M: EXT.P.36: COPY OF THE EXTRCT OF SCHOOL ADMISSION REGISTER OF SRI. A. TILLANATHAN. EXT.P.37: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SRI.A. THILANATHAN. EXT.P.38: COPY OF THE CASTE CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO SRI. A. TILLANATHAN. EXT.P.39: COPY OF THE SCHOOL EXTRACT RELATING TO SRI. A. VISWANATHAN. EXT.P.40: COPY OF THE RELEVANT PAGE OF SSLC BOOK OF SRI. A. VISWANATHAN. EXT.P.41: COPY OF THE CASTE CERTIFICATE ISSUED TO SRI. A. VISWANATHAN. EXT.P.42: COPY OF THE SCHOOL EXTRACT RELATING TO SRI. A. MUTHUKUMAR. EXT.P.43: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SRI. A. MUTHUKUMAR. EXT.P.44: COPY OF THE CASTE CERTIFICATE ISSUED FROM THE VILLAGE OFFICE TO SRI. A. MUTHUKUMAR. EXT.P.45: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR TO SHRI. A. MUTHUKUMAR. EXT.P.46: COPY OF THE RELEVANT EXTRACT OF SCHOOL ADMISSION REGISTER RELATING TO SMT. PUSHPAVALLY. EXT.P.47: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF SMT. S. PREMAKUMARY. EXT.P.48: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR TO SMT. S. PREMAKUMARY. EXT.P.49: COPY OF THE JUDGMENT DT. 25/07/1989 IN O.P. NO. 4351/81 PASSED BY THIS HONOURABLE COURT. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE REPORT NO.D.1693/93 OF KIRTADS. //TRUE COPY// P.S. TO JUDGE. Prv. K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- O.P.NOS.4952/1993 AND 5328, 6400, 6791, 14206 & 18215/1994 AND 1200 & 20290/1995 AND 359, 1499, 6823 & 8686/1996 AND 7485 & 7887/1998 AND W.P.(C) NO.41154/2003 ----------------------------------------- Dated 13th February, 2009. JUDGMENT Balakrishnan Nair, J. The petitioners in these Original Petitions claim that they belong to Panan Community, which is a scheduled caste. This Court as per the order dated 12.12.2005, directed the Scrutiny Committee under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, to examine the matter and file a report before this Court. Pursuant to the said direction of this Court, the Scrutiny Committee caused a detailed enquiry into the caste status of the petitioners through the KIRTADS (expert agency under the above Act) and based on those reports, heard the matter. After hearing the affected petitioners, the Scrutiny Committee has passed final proceedings in the matter on OP No.4952/93 etc. 2 15.10.2007. The said proceedings would show that the petitioners do not belong to Panan Community, but belong to Pandi Sudra/Pandi Vellala Community. In view of the said finding, these Original Petitions are liable to be dismissed, but without prejudice to the rights of the petitioners to challenge the said proceedings of the Scrutiny Committee dated 15.10.2007 in appropriate proceedings. Accordingly, these Original Petitions are dismissed. The petitioners will be free to challenge the proceedings of the Scrutiny Committee dated 15.10.2007, if so advised. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE nm/