SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Ker) 948

P.B.SURESH KUMAR
State of Kerala – Appellant
Versus
Poovankarachalil Narayanan (Died) S/o. P. C. Karappan, Perumpadappa – Respondent


JUDGMENT :


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


















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top