DEEPAK VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The substantial prayers sought for in the writ petition are as follows:-

(2.) Heard the learned counsel for the petitioners and the learned Special Government Pleader.

(3.) The petitioners are siblings claiming the status of members of Scheduled Tribe, Malai Arayan community. It is submitted that the petitioners' father and paternal grand father were members of the Christian Malai Arayan community and that the status is being denied to the petitioners by the impugned order on the ground that their mother belongs to the forward class Christian Marthoma community. Ext.P1 certificate of the father of the petitioners is produced to show that the petitioners' father belongs to the Christian Malai Arayan community. Exhibit P2 is the certificate of marriage of the petitioners' parents which was solemnised in the Holy Emmanuel CSI Church, Painter Valley, Idukki. Exhibit P3 is the birth certificate of the 1st petitioner and Exhibit P3(a) is the birth certificate of the 2 nd petitioner. The petitioners were born in Bharananganam. Exhibits P4 and P4(a) Baptism certificates would show thatt petitioners were baptised at the CSI Churches at Mangkombu and Painter Valley respectively. Exhibit P5 is the certificate issued by the Vicar of the Holy Emmanuel CSI Church, Painter valley to show that Korman, who was the paternal great grandfather of the petitioners, was converted to Christianity and was baptsised on 15 th October,1889 and accepted the name 'Abraham'. Exhibits P6 and P6(a) are the admission registers of the Lower Primary Schools showing the caste of the petitioners as Christian Malai Arayan. The Secondary School Leaving Certificates also shows the caste of the petitioners as 'Mala Araya Christian'. The Malai Arayan Samrakshana Samithy which is a community organisation has also certified that the petitioners are from Malai Arayan community and that though the petitioners are children of an inter-caste marriage, they have been accepted as members of the community. Exhibit P11 is the certificate issued by the Tahasildar to the same effect.