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2009 Supreme(Ker) 33

K.BALAKRISHNAN NAIR, K.SURENDRA MOHAN
K. K. Anila – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioner:K. Ramakumar, Senior Advocate, T. Ramprasad Unni, Advocate. For the Respondent:P. Santhosh Kumar, Spl. Government Pleader, K.V. Reshmi, Advocate.

Judgment :-

Balakrishnan Nair, J.

Appellants 1 and 2 are sisters and third appellant is their brother. This miscellaneous first appeal is filed by them under Section 12(3) of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (hereinafter referred to as the 'Act'). They challenge Annexure B order of the scrutiny committee under the Act issuing the following directions:-

"Considering all the facts detailed as above the scrutiny committee decide undoubtedly that the claimants Smt. K.K.Anila, PD Teacher, Government U.P.School, Odampally Poochakkal Alapuzha Dist., Shri. V.Baiju ICE Fitter NSRY, Naval Base Kochi and Smt. K.V.Seenamol CN II AR Naval Base Kochi do not belong to Malayaraya community of the Sch. Tribes but belong to the OBC Arayan Community.

The Committee recommends to the Government that the benefits enjoyed by them on psudo caste identity to be recovered from them. The revenue authorities will be informed not to issue any community certificate to them as Hindu Malayaraya hereafter. There shall be strict watch to see that none of the Araya Circles of Eruvallipra village of Thiruvalla Taluk get Sch. Tribes community cer









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