This writ petition challenged the denial of Scheduled Caste certificate to the petitioner claiming Thandan community of Malabar area. The court upheld the dismissal based on a Division Bench decision excluding Malabar Ezhavas from the SC list.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937
WP(C).No. 24214 of 2007 (G)
PETITIONER(S):
ARCHANA. C.S., D/O SUBRAMANNIAN, CHALLIYIL HOUSE, ELAMPULASSERY, KARIMPUZHA, OTTAPALAM, PALAKKAD DISTRICT.
BY ADV. SRI.M.P.VIJAYAN.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PALAKKAD.
2. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PALAKKAD DISTRICT.
3. THE TAHSILDAR, OTTAPPALAM, PALAKKAD DISTRICT.
BY SPL. GOVT. PLEADER SMT.P.K. SANTHAMMA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 24214 of 2007 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P4A & P4B: COPIES OF THE TWO REMINDERS SENT RESPECTIVELY ON 29/11/2005 AND 12/05/2006 TO SECOND RESPONDENT.
....2/-
WP(C).No. 24214 of 2007 (G)
EXT.P9H COPY OF THE ABSTRACT OF THE SCHOOL REGISTER OF THE PATERNAL UNCLE OF THE PETITIONER DATED 17/04/2001.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.24214 of 2007 - G
====================== Dated this the 8th day of July, 2015
J U D G M E N T
The petitioner claims to be a member of Thandan
community, which according to her is included in the list of Scheduled Caste for the State of Kerala.
ST) appearing for the State would submit that earlier, only
the Thandan community of the Travancore area were included in the list. Earlier the community was recognised as a Scheduled Caste only in the Travancore-Cochin area and not in the Malabar area. The area restriction was taken away by Act 108 of 1976. The list was thus made applicable to the
entire State of Kerala.
2
W.P.(C) No.24214 of 2007 - G
community all over the State were entitled to be treated as Scheduled Caste. The denial of such caste status to persons in the Malabar (Palghat) area, by the officers of the State, went to the Hon'ble Supreme Court. The Hon'ble Supreme Court in Palghat Jilla Thandan Samudhaya Samrakshna Samithi v. State of Kerala [1994(1) SCC 359] held against the State. However, the State was of the opinion that the Ezhavas in the Malabar area were also known as Thandan and the community known as Thandan in the Malabar areas has no connection with the communities of the same name in the Travancore area. A constitution amendment was brought by Constitution (Scheduled Castes) Order (Amendment) Act, 2007 by which the Ezhavas, Thiyyas, known as Thandan in the erstwhile Cochin and Malabar areas were excluded from the schedule.
3
W.P.(C) No.24214 of 2007 - G
claiming to belong to the community of Thandan, hence would not be entitled to the benefit of a Scheduled Caste. The above position has also been declared by a Division Bench decision of this Court reported in Madhavan P. and
Others v. State of Kerala and Others [2010 (2) KHC 739
(DB)].
Following the aforesaid decision, the writ petition
would stand dismissed.
Sd/K. VINOD CHANDRAN, JUDGE
SB
// true copy //
P.A to Judge.
2 issues framed by the court
Whether a woman from Malabar area belongs to Thandan community included in the Scheduled Caste list.
Whether the petitioner is entitled to Scheduled Caste status despite the exclusion of Ezhavas from the schedule.
Colour shows how this judgement treated each authority
Palghat Jilla Thandan Samudhaya Samrakshna Samithi v. State of KeralaReferred¶56
Palghat Jilla Thandan Samudhaya Samrakshna Samithi v. State of Kerala [1994(1) SCC 359] · Who else cites this
Madhavan P. and Others v. State of Kerala and OthersFollowed¶62
Madhavan P. and Others v. State of Kerala and Others [2010 (2) KHC 739 (DB)]
ARCHANA. C.S.
STATE OF KERALA
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
