PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR. versus STATE OF KERALA AND ANR.

Citation: [1993] SUPP. 3 S.C.R. 872 · Decided: 03-12-1993 · Supreme Court of India · Bench: R.M. SAHAI, S.P. BHARUCHA, N. VENKATACHALA
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Judgment (excerpt)

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PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA 
SAMITHI AND ANR. 
v. 
STATE OF KERALA AND ANR. 
DECEMBER 3, 1993 
[R.M. SAHAI, S.P. BHARUCHA AND N. VENKATACHALA, JJ.] 
Constitution of India-Arts. 341, 366(24Konstitution (Scheduled 
Castes) Order, 1950-Scheduled Castes and Scheduled Tribes (Amendment) 
Act, 1976-0rder of Government of Kera/a-Order dated 24th November, 
1987-ldentification of Schedule Castes-Thandan Community in Malabar 
area of Kera/a-Whether entitled to be treated as a Scheduled Caste-Power 
of State government to issue the said Orde~Scheduled Castes Order to _be 
applied as it stands-State Government or Court not empowered to enquire 
whether or not a particular community falls in it. 
These writ petitions and appeals have been filed in regard to the 
validity of the decision of the State of Kerala not to treat members of the 
Thandan community belonging to the erstwhile Malabar District, includ· 
ing the present Palghat District, as members or the Scheduled Castes. The 
E writ petitions pray that the State Government should continue to grant to 
members or this community all the benefits due to a caste included in the 
Schedule to the Constitution (Scheduled Castes) Order. 
On 17th May, 1979, the Government or Kerala issued an order which 
noted that upon the coming into force or the Scheduled Castes and 
F Scheduled Tribes (Amendment) Act, 1976, the Thandan community 
throughout the State or Kerala came to be included in the list of Scheduled 
Castes. On 15th October, 1984 the Government of Kerala issued a order 
cancelling the 1979 order. The 1984 order was modified by the order of the 
Government of Kerala by an order dated 24th November,1987, which is 
G under challenge before this Court. 
The petitioners submitted that once a group of persons known by a ' 
caste name was specified· in the Scheduled Castes Order, the same was 
binding upon all. The State government was not empowered to modify the 
same in the manner in which it had purported to do by the issuance or the 
H 1987 order. 
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S. SAMITHI v. STATE 
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The State Government contended that persons named or called A 
Thandan in the Malabar area were not intended to be covered by the 
Scheduled Castes Order and the State Government was, therefore, entitled 
to issue the 1987 order. 
Disposing of the Matter, this Court 
B 
HELD : 1.1 Article 341 of the Constitution empowers the President 
to specify ·not only castes, races or tribes which shall be deemed to be 
Scheduled Castes in relation to a State but also "parts of or groups within 
castes, races or tribes" which shall be deemed to be Sheduled Castes in 
relation to a State. By reason of Article 341 a part or group or section of a 
caste, race or tribe, which, as a whole, is not specified as a Scheduled Caste, C 
may be specified as a Scheduled Caste. Assuming, therefore, that there is 
a section of the Ezhavesfl'hiyyas community (which is not specified as a 
Scheduled Caste) which is called Thandan in some parts of Malabar area, 
that section is also entitled to be treated as a Scheduled Caste, for Than-
dans throughout the State are deemed to be a Scheduled Caste by reason D 
of the provisions of the Scheduled Castes Order as it now stands. Once . 
Thandans throughout the State are entitled to be treated as a Scheduled 
Caste by reason of the Scheduled Castes. Order as it now stands, it is not 
open to the State Government to say otherwise, as it has purported to do 
in the 1987 order. (880-D-F] 
1.2. The Scheduled Castes Order has to be applied as it stands and 
no enquiry can be held or evidence let in to determine whether or not some 
particular community falls within it or outside it. No action to modify the 
plain effect of the Scheduled Castes Order, except as contemplated by 
E 
Article 341, is valid. (881-B-C] 
p 
Sirish Kumar Choudhary v. State of Tripura & Ors., (1990) Supp. SCC 
220; B. Basavalingappa v. D.Munichinnappa, (1965] 1 SCR 316 and 
Bhaiyalal v. Hari Ki.shan Singh & Ors. (1965] 2 SCR 877, relied on. 
Bhaiya Ram Munda v.Anirndh Patar, (1971] 1 SCR 804 and Dina v. G 
Narayan Sinha, 38 FIR 212, distinguished. 
1.3. The Thandan community in the instant case having been listed 
in the Scheduled Castes Order as it now stands, it is not open to the State 
Government or to this Court to embark upon an enquiry to determine 
whether a section of Ezhaveasfl'hiyas which was called Thandan in the H 
874 
SUPREME COURT REPORTS [1993) SUPP. 3 S.C.
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