P.B.SURESH KUMAR
State of Kerala – Appellant
Versus
Poovankarachalil Narayanan (Died) S/o. P. C. Karappan, Perumpadappa – Respondent
1. The defendants in the suit are the appellants. They are the State of Kerala, the District Collector, Malappuram and the Tahsildar, Ponnani, respectively. The case set out by the plaintiff in the plaint is that he belongs to 'Paniyan' community, a Scheduled Tribe specified in relation to the State of Kerala in terms of Article 342 of the Constitution of India; that the community certificate issued to him to that effect has been cancelled by the second defendant in terms of Ext.A5 order; that Ext.A5 order has been affirmed by the Government in appeal in terms of Ext.A7 order, and that both Exts.A5 and A7 orders are illegal and unsustainable. The suit was, therefore, for a declaration that the plaintiff belongs to 'Paniyan' community and that he is entitled to the benefits available to 'Paniyan' community. The plaintiff also sought a declaration that Exts.A5 and A7 orders are illegal and unsustainable. The defendants resisted the suit, contending mainly that a suit of the instant nature is not maintainable. On merits, it was contended by the defendants that the plaintiff belongs to 'Paniyar' community and that 'Paniyar' community is not a Scheduled Tribe in terms of Artic
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