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1993 Supreme(SC) 1143

S.P.BHARUCHA, M.N.VENKATACHALIAH, R.M.SAHAI
Palghat Jilla Thandan Samudhaya Samrakshna Samithi – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.Ahmed, C.SITARAMIAH, G.V.IYER, M.A.Firoz, N.SUDHAKARAN, S.SUKUMARAN

Judgment

BHARUCHA, J.- Leave granted in the two special leave petitions, SLP (C) Nos. 6457 of 1990 and 3746 of 1992.

2. The principal question that arises in these writ petitions and appeals is in regard to the validity of the decision of the State of Kerala not to treat members of the Thandan community belonging to the erstwhile Malabar District, including the present Palghat District, of the State of Kerala as members of the Scheduled Castes.

3. The writ petitions pray that the State Government should continue to grant to members of the Thandan community belonging to the erstwhile Malabar District, including the present Palghat District, all the benefits due to a caste included in the Schedule to the Constitution (Scheduled Castes) Order.

4. The appeals arise out of a writ petition (O.P. 2421 of 1982) filed in the High Court of Kerala by Miss O.K. Lakshmikutty. She had, in an earlier writ petition (O.P. No. 2000 of 1980), claimed that she belonged to the Thandan community and, therefore, to a Scheduled Caste and sought a direction that she be issued a community certificate accordingly. The High Court allowed that writ petition. Miss Lakshmikutty had then to file the writ petition out
























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