STATE OF KERALA Vs. BALAKRISHNAN

JUDGEMENT

(1.) In these three Writ Appeals, a common question arises and accordingly they are being disposed of by a common judgment. The question involved is as to whether the case 'Palluvan' mentioned in the Schedule to the Scheduled Castes and Scheduled Tribes Order (Amendment) Act (Act 108 of 1976) is mis-spelt for the community 'Pulluvan' to which the writ petitioners belong.

(2.) In the three writ petitions, petitioners belonging to the community 'Pulluvan' claimed that they are entitled to all the benefits extended to Scheduled Castes under the Constitution and other laws. According to them the caste 'Palluvan' included in the Schedule is only a mistake for 'Pulluvan' and the said entry has to be treated as 'Pulluvan'.

(3.) In the Constitution (Scheduled Castes) Order, 1950 admittedly, 'Pulluvan' was included as one of the Scheduled Castes. But when it was amended in 1956 and the list of Scheduled Castes revised, the community name was entered as 'Palluvan'. By amending the Schedule by Act 108 of 1976, in the Schedule to that Act also 'Palluvan' was included as one of the Scheduled Castes, so far as Kerala is concerned. The contention of the writ petitioners was that there is no community by name 'Palluvan' in the State of Kerala and what is included in the Schedule to the 1956 and 1976 Acts can only be 'Pulluvan' and the name shown in the aforesaid Acts as 'Palluvan' is a mistake for the word 'Pulluvan'. Accordingly they prayed for a declaration that they are entitled to all the benefits extended to Scheduled Castes under the Constitution and other laws.