AMAL KRISHNAN C V Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:

(2.) Heard Sri.T.Sivadas, learned counsel for the petitioners and the learned Special Government Pleader Sri.K.V.Prakash.

(3.) The specific case of the petitioners is that the 1st petitioner, who is the son of the 2nd petitioner, has been certified to be a member of Hindu Padanna community. However, on the ground that the 1st petitioner's father as well as his grand father had contracted intercaste marriages with members of Hindu-Thiyya community, the 1st petitioner has been denied the benefit of inclusion in the community by the impugned orders. Learned counsel for the petitioners would contend that the findings in Exhibits P11 report of the KIRTADS, P12, P19 and P22 reports/orders as also the resultant Exhibit P23 order are vitiated by errors apparent on the face of the record. Learned counsel for the petitioners submits that Exhibits P1 to P8 and P10 documents produced along with this writ petition would conclusively show that the caste of the 2nd petitioner was recorded as Hindu Padanna and the 1st petitioner had already been granted all the benefits of inclusion in the said community. Exhibit P1 certificate issued by the Kerala Padanna Maha Sabha, Ponnani Taluk Central Committee would show that the marriage of the 2nd petitioner with the 1st petitioner's mother had been celebrated following the rites of the Padanna community at the bride's residence at Eramangalam. Exhibit P2 would show that the petitioners are accepted by the community itself as members of Hindu Padanna community. Exhibit P3 would show that the 2nd petitioner's father was issued with the community certificate showing his community as Hindu Padanna. Exhibit P4 would show that the 2nd petitioner was also issued with the community certificate showing his community as Hindu Padanna. Exhibit P5 birth certificate, Exhibit P6 extract of the admission register and Exhibits P7 and P8 certificates issued by the competent Boards record the 1st petitioner's caste as Hindu Padanna. Reliance is placed on Exhibit P9 Government order to contend that children of inter-caste marriages between the members of SC and ST communities with persons not belonging to such communities, are eligible for educational benefits, if the claimant is subjected to same social disabilities and following the same customs and traditions and the community has accepted that person to it's fold, as such. Learned counsel for the petitioners would place reliance on Exhibit P10 community certificate issued by the competent authority to show that the 1st petitioner was also treated as a member of the Padanna community.