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2000 Supreme(Ker) 144

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
Vijayalakshmi – Appellant
Versus
Tahsildar – Respondent


Judgment :-

Arijit Pasayat, C.J.

These three Writ Appeals have much in common and, therefore, they are disposed of by this judgment to cover each one of them.

2. Alleging that on the basis of false certificates, one K.R. Shanmugha Sundaram obtained benefits intended for Scheduled Tribes, action was taken against appellants, who are his siblings. There has been determination by Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Scheduled Tribes (hereinafter referred to as 'KIRTADS') and officials of Government, which has led to initiation of action by employers of appellants. In a nutshell, stand of the parties is as follows: Shanmugha Sundaram was originally a resident of Coimbatore, but, about five decades back, migrated to Kerala and started living here. He was residing at Palakkad. He obtained a certificate sometime in 1956 purported to have been issued by Tahsildar, Coimbatore showing that he belonged to 'Kattunayakan' community, which is a Scheduled Tribe as notified under Art.342 of Constitution of India, 1950 (in short 'Constitution') by Presidential order. On that basis, Shanmugha Sundaram got a job in the Customs Department of Government






















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