STATE OF KERALA Vs. SUBBAYYAN

JUDGEMENT

(1.) Appellants in this appeal are the State of Kerala and the Tahsildar, Kollam. They were the respondents in O.P. No. 27291/2000, the judgment in which is impugned in this appeal. They are aggrieved by the direction of the learned Single Judge in the impugned judgment directing the 2nd appellant to issue a caste certificate to the daughter of the 1st respondent as belonging to Hindu-Pallan community, which is recognised as a scheduled caste in the State of Kerala and further to give financial assistance on the basis of such certificate. The situation culminating in the Original Petition arose in the following circumstances.

(2.) The 1st respondent was originally a native of Palayamkottai Village in Dindigal Taluk in the State of Tamil Nadu. He belonged to the caste Hindu-Pallan. Hindu-Pallan caste of Tamil Nadu was recognised as a scheduled caste in that State as per the Constitution (Scheduled Caste) Order, 1950. Accordingly, he and his family were treated as scheduled caste members in the State of Tamil Nadu and they were enjoying the benefits applicable to scheduled castes in Tamil Nadu. In 1960, the 1st respondent, for the purpose of employment, migrated to Kollam in Kerala and settled there permanently. He had three children. He applied for a caste certificate before the 2nd appellant for his daughter Santhy for the purpose of getting educational benefits applicable to scheduled castes in Kerala, which was not issued to the 1st respondent. It is under the said circumstance that the 1st respondent approached this Court through the Original Petition.

(3.) In the Original Petition, the appellants herein did not file any counter affidavit. In Kerala also, there is a community called Hindu-Pallan which is also specified as a scheduled caste as per the Presidential order. It so happened that in the SSLC certificate of the 1st respondent's daughter, her caste was shown as Hindu-Pallan. The concerned Village Officer also reported that the 1st respondent and his family are residing permanently in Mundakkal Village, Kollam and they belonged to Hindu-Pallan community. On the basis of these facts, the learned Single Judge, by the impugned judgment, directed that if the 1st respondent applies to the 2nd appellant, a certificate should be issued within one month from the date of application and on getting the certificate, necessary financial assistance also should be given. This judgment is under challenge in this Writ Appeal.