PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR. versus STATE OF KERALA AND ANR.

PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR. versus STATE OF KERALA AND ANR.

Since Thandan is listed as a Scheduled Caste for the State of Kerala under the Scheduled Castes Order as it now stands, the State Government has no authority to exclude Thandan community members from the benefits of Scheduled Castes, and no enquiry is permissible to determine their status; only Parliament can amend the Order.

Parties
Petitioner: PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR.; Respondent: STATE OF KERALA AND ANR.
Jurisdiction
India
Judgment Date
03 December 1993
Procedural Posture
Writ Petition and Appeal / Final Judgment
Outcome
writ petitions allowed; government order quashed; appeals disposed of
Legal Topics
Identification of Scheduled Castes, Presidential Orders Under Article 341, Power of State Government Regarding Scheduled Castes
Constitutional Law Scheduled Castes and Scheduled Tribes Law Identification of Scheduled Castes Presidential Orders Under Article 341 Power of State Government Regarding Scheduled Castes

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Parties

PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR.

Petitioner

STATE OF KERALA AND ANR.

Respondent

Procedural Posture

Writ Petition and Appeal / Final Judgment

Legal Issues

  1. 1 Whether Thandan community in Malabar area of Kerala is entitled to be treated as a Scheduled Caste
  2. 2 Whether State Government can issue orders excluding a community listed under Scheduled Castes Order
  3. 3 Whether State or Court can enquire into whether a particular community falls within Scheduled Castes Order

Ratio Decidendi

Since Thandan is listed as a Scheduled Caste for the State of Kerala under the Scheduled Castes Order as it now stands, the State Government has no authority to exclude Thandan community members from the benefits of Scheduled Castes, and no enquiry is permissible to determine their status; only Parliament can amend the Order.

Court Disposition

writ petitions allowed; government order quashed; appeals disposed of

Orders

  • State Government to grant all members of Thandan community, including those in Malabar and Palghat Districts, the benefits due to a Scheduled Caste as per the Constitution (Scheduled Castes) Order as amended up to date.
  • State Government to issue community certificates accordingly.