IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943 WP(C) NO. 6362 OF 2012 PETITIONER/S:

KALANADI COMMUNITY COMMITTEE VOLUNTARY ORGANISATIN FOR THE WELFARE OF THE KALANADI COMMUNITY, PULPALLY-673579 BY ITS SECRETARY, JAYAPRAKASH A.U,S/O.UKKAPPAN AGED 31 YEARS, R/A.ADAKKACHIRA VEEDU, CHEEYAMBAM POST, PULPALLY - 673579, WAYANAD DIST BY ADV SRI.N.J.ANTONY RESPONDENT/S:

1 UNION OF INDIA, BY SECREARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, ROOM NO 609," ”A”

WING, SHASTRI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110001.

2 STATE OF KERALA REP.BY SECRETARY, DEPARTMENT OF SCHEDULED CASTES AND SHEDULED TRIBES DEVELOPMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001 OTHER PRESENT:

SRI.S.MANU, ASGI, SRI.JOBY JOSEPH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

================================================= W.P. (C) No. 6362 of 2012 =============================================================

Dated this the 23^rd day of February, 2022

JUDGMENT

The above writ petition is filed with following prayers:

a) To issue a writ of mandamus or any other appropriate writ or order directing the respondents to take appropriate steps to include the Kalanadi Community in the Scheduled Tribe List and to afford to them the concessions and benefits as envisaged in the Constitution of India.

b) Any such other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” (Sic)

2. ‘Kalanadi’ community (also known as Kanaladi), is a minority tribal sect in Wayanad District for centuries together. According to the petitioner, Kalanadi community was formerly included in the Kalladi, a Scheduled Tribe. It is the case of the petitioner that on 01.06.1964, the State of Kerala, as per letter No.7873/J4/63/RD requested the Union Government to include the Kalanadis in the Scheduled Tribes list. However, the Kalanadi community and many other communities recommended by the State Government have not been included in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill 1978. It is also contended in the writ petition that the State Government as per letter No.656486/C4/78/DD dated 26.12.1978 requested the Secretary, Loksabha Secretariat to place the suggestions of the State before the Joint Committee of both Houses of the Parliament on the Scheduled Castes and Scheduled Tribes Orders(Amendment) Bill 1978. The State Government by letter No.656486/E2/78/HWD dated 20.07.1982, once again requested the Union Government to include the Kalanadi community in the Scheduled Tribe list. According to the petitioner, these recommendations of the State Government did not find a place in the amendment. It is also the case of the petitioner that the State Government by G.O. No.80/86 dated 14.10.1986 classified the Kanadi community as Other Eligible Community. In such situation, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India for the 1^st respondent. I also heard the learned Government Pleader for the

2^nd respondent.

4. The grievance of the petitioner is that Kalanadi community is a minority tribal sect dwelling in Wayanad District and it is a community to be included in the Scheduled Tribe community. These are policy matters to be decided by the 1^st respondent. Therefore, the petitioner is free to submit a representation before the 1^st respondent narrating their grievance and there can be a direction to the 1^st respondent to consider the same, in accordance to law.

Therefore, this writ petition is disposed of in the following manner:

1. The petitioner is free to file a representation narrating their grievance before the 1^st respondent, within one month from the date of receipt of a copy of this judgment.

2. Once such a representation is received by the 1^st r