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2008 Supreme(Ker) 689

J.B.KOSHY, P.N.RAVINDRAN
P. Madhavan, Padinharekara House – Appellant
Versus
State of Kerala, Rep. By Its – Respondent


Advocates Appeared:
For the Appellants :V.P. Seemandini, Senior Advocate, S. Karthika, M.R. Anison, M. Pavithran, T.B. Remani and Lakshmi Ramanathan, Advocates.
For the Respondents:P. Santhoshkumar, Government Pleader, C.T. Ravikumar, Government Pleader, K.A. Balan, T.C. Sowmiavathy, Anandan Pillai, P. Chellappan and T. Radhamany, Advocates.

JUDGMENT :

J.B. Koshy, J.

1. Both writ petition and appeal are filed by the five appellants. Appellants 1 to 4 are brothers and sisters and 5th appellant is the daughter of the 4th appellant. According to them, they belonged to Thandan community, which is recognised as Scheduled Caste. First appellant contested for Panchayat election in the year 1988 in a reserved constituency for Scheduled caste and he was elected as a Panchayat member. It is also submitted that earlier an enquiry was conducted and on the basis of which it was held that they are Thandans. But a Scrutiny Committee constituted under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (Act 11 of 1996) held that they are not Thandans but Hindu OBC Ezhavas/Thiyyas and they cannot claim reservation benefits available to SC Community. Hence they filed this appeal.

2. Fifth appellant also filed writ petition, O.P.No.14444/03, when her admission was not considered in the M.B.B.S. Course for SC candidates. As per the interim order of this Court, she got admission and she is studying in the final semester of M.B.B.S. course. The whole question to be considered is whether ap










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