Before the Kerala State Commission for Scheduled Castes & Scheduled

Tribes, Thiruvananthapuram.
Present : Judge. (Retd.) P.N. Vijayakumar
Chairman

No. 1020/B3/2012/KLM/KSCSCST

Petitioner : Smt. S.S.Sindhu and others

Thulasi Vilasam, Settelement Colony,
Kalluvathukkal, PO, Kollam.

Vs

Respondent : 1. Revenue Divisional Officer, Kollam,

2. District Development Officer for

Scheduled Caste, Kollam.
3. Sub Inspector of Police, Parippally, Kollam.

Order

The petitioners are Smt.Sindhu and hundred and forty-five others, all

residents of Kalluvathukkal Panchayath. The respondents in this case are Revenue

Divisional Officer, Kollam, District Development Officer, Scheduled Caste

Development Department, Kollam and Sub Inspector of Police, Parippally, Kollam.

The petitioners are members of Scheduled Caste Communities. They are

performing certain ceremonies, rituals and rites from time immemorial as part of

their religious belief and customs. The place mentioned in the petition is 'Kunnathu

paykavu'. The elders like Smt.Kunjama (71 years) and Smt.Sarada signatories in

the petition and present throughout the proceedings would say that this is a

traditional custom which they have seen and participated even from their
childhood and according to them the custom might have been observed and in

practice for about centuries. Originally the "Kavu" was an extensive plot which

due to several reasons is now reduced to nearly 50 cents. 'Pay kavu' is explained to

us by the members of the community and petitioner that the Kavu is the abode of

"Paye" (spirit) or immortal beings of their older generation. The 'Utsavu' is

ceremony to please the dead and get their celestial blessings. It is customary

rites, hereditary rights and characteristic feature of indigenous inhabitants of

Scheduled Caste Communities.

The respondent had appeared and had filed detailed remarks.

The report of the Revenue Divisional Officer, the second respondent was

filed on 14.05.2012 and marked as Ext:A1 and in his report it is stated that "Sn Øe¯v

Sn Imhv ssIt¿äw \Són«nñm¯Xpw ]cmaÀinXImhv dh\yq sdt¡mÀUp {]Imcw kÀ¡mÀ ]pdt¼m¡nð DÄs¸SpóXmsWópw \nehnð

Bcm[\{Iaw \S¯póXn\v XS椀 Hópw Cñmsbópw DÅ hnhcw dnt¸mÀ«v sNbvXp sImÅpóp."

The second respondent had also appeared. The District Development

Officer for Scheduled Caste on 15.05.2012 had also filed a report, marked as

Ext:A2. It was stated that near the Paykavu there is a "Siva Idol". But he had

concluded Ext:A2 saying that " ]c¼cmKXambn thSÀ kapZmb¡mÀ AhcpsS BNmc§Ä \S¯pó ØeamWv

t]bv¡mhv. P\\w apXð BNcn¨p hcpó NS§pIÄ \S¯póXn\pÅ kzmX{´yw A\phZn¡póXnt\msSm¸w Xt±inbcmb aäp

PmXn¡mÀ¡pw DÕhhpw Bcm[\bpw \S¯póXn\pÅ kzmX{´yhpw A\phZn¨p \ðtIïXmsWóv ImWpóp."

The Sub Inspector of Police, Parippally remained exparte and had failed to

appear before the Commission.

2
The questions that arise for determinations - are

1. Whether the Kerala State Commission for Scheduled Castes & Scheduled Tribes

is competent to entertain the petition?

2. If so what is the remedy to the ordered ?

Issue No.1

"The petitioner's case is that they are members of Vettuva, a community

recognised as Scheduled Caste. It is an admitted fact that the property is not owned

by them. It is Government land and opened to the local people for their hereditary

worship. The case is that from time immemorial they have been observing "Pay

koduthy" a customary rite and is also a hereditary right. The Kerala State

Commission for Scheduled Castes & Scheduled Tribes Act 2007 empowers the

Commission to go into violations of rights conferred on the members of Scheduled

Castes and Scheduled Tribes. A reading of Section 9 (b) says " to inquire into

specific complaints with respect to the deprivation of rights and safeguards of the

Scheduled Castes and Scheduled Tribes in Kerala and to take up such matters with

the appropriate authorities;"

"Deprivation of Right under any law, Right under the Constitution, Right

inherited and Right to Customary observances are areas were the Commission can

3
interfear. "Customary Rights" had been defined in Ravindranath V/S State as far

back as 1969 (AIR 1969, Cal 55). It is an undisputed case that Vettuvas of Quilon

District were observing this right and no one has the right to interfere with the

traditional belief and insult them. Therefore I find that the Commission is

competent to interfere and has jurisdiction to entertain the complaint by all means.

The first point is found affirmatively.

Issue No.II

Ours is a country that upholds the lofty and noble ideals of Secular Rights

and all religious people are free to observe their religious rites, ceremonies and to

live in harmony with all other communities. It is only a vain exercise to dwell on

the principles of secularism and freedom of worship etc because it is so solid and

deep rooted in our cultural heritage and in every breath of our life, without which

the social life of our citizens become impossible and imperfect. Therefore, the

indigenous practice of the Vettuva communities however should continue

uninterruptedly. The Revenue and Police officers are bound protect their rights and

duty bound to provide a proper and congenial atmosphere for the observance the

"Pay Koduthy".

According to the petitioner "Pay Koduthy" is a hereditary right strictly

observed with pious mental and bodily perseverance and both genders are equally

participating in it. The Commission hereby recommends that the Revenue officials

and Officials of Police departments of Kollam district are bound to give allround

protection for the proper conduct of 'Pay Kavu Koduthi' uninterruptedly, a

4
performance of religious importance in future also and to remove all source of

obstruction manmade or otherwise.

Pronounced in the open sitting of the Commission on the 22nd day of August

2012.

Sd/
Judge. P.N. Vijayakumar
Chairman
Appendix

A1 - Report of the Revenue Division Officer, Kollam dated 14.05.2012.

A2- Report of the Scheduled Caste Development Officer, Kollam dated
15.05.2012.
Defence exhibits - Nil
Witness Examined - Nil
Sd/
Judge. P.N. Vijayakumar
Chairman

By Order

Abdul Vahid
Registrar
SRB

5
 Sd/
Judge. P.N. Vijayakumar
Chairman

By Order

6
Abdul Vahid
Registrar

Before the Kerala State Commission for Scheduled Castes & Scheduled
Tribes, Thiruvananthapuram.
Present : Shri. Ezhukone Narayanan. Ex.M.L.A
Member

Petitioner :

Vs

Respondent :

Order

Case in brief :

Counter Statement :

Order

7
Petitioner (Name & Signature)

Respondent (Name & Signature)

Dated this the …………………… day of January 2012

Signature.

Ezhukone Narayanan .
Ex.M.L.A
Member

(PTO)

Continuation of the Order

Appendix
1.
2.
3

8
 tIcf kwØm\ ]«nIPmXn/]«nItKm{X hÀ¤ I½oj³, Xncph\´]pcw
lmPÀ : {io. FgptIm¬ \mcmbW³. FIvkv.Fw.Fð.F
sa¼À

lÀPn¡mc³ (t]cpw A{UÊpw):

Vs

FXrI£n (t]cpw A{UÊpw) :

9
 D¯chv

lÀPn kwKXn (Npcp¡w) :

FXrI£nbpsS FXnÀhmZw (Npcp¡w):

XoÀ¸v

lÀPn¡mc³ (t]cpw H¸pw)

FXrI£n (t]cpw H¸pw)

Dated this the …………………… day of January 2012

H¸v.

FgptIm¬ \mcmbW³.FIvkv.Fw.Fð.F
sa¼À

(PTO)

XoÀ¸nsâ XpSÀ¨

10
A\p_Ôw

tcJIÄ

1.

2.

3.

11
 Before the Kerala State Commission for Scheduled Castes & Scheduled
Tribes, Thiruvananthapuram.
Present : Adv: K.K.Manoj
Member

Petitioner :

Vs

Respondent :

Order

Case in brief :

Counter Statement :

Order

Petitioner (Name & Signature)

Respondent (Name & Signature)

Dated this the ………. day of January 2012

12
 Signature.

Adv: K.K.Manoj
Member

(PTO)

Continuation of the Order

Appendix
1.
2.
3

13
 tIcf kwØm\ ]«nIPmXn/]«nItKm{X hÀ¤ I½oj³, Xncph\´]pcw
lmPÀ : AUz. sI.sI.at\mPv
sa¼À

lÀPn¡mc³ (t]cpw A{UÊpw) :

Vs

FXrI£n (t]cpw A{UÊpw) :

D¯chv

lÀPn kwKXn (Npcp¡w) :

FXrI£nbpsS FXnÀhmZw (Npcp¡w):

14
 XoÀ¸v

lÀPn¡mc³ (t]cpw H¸pw)

FXrI£n (t]cpw H¸pw)

Dated this the ………. day of January 2012

H¸v.

AUz. sI.sI.at\mPv
sa¼À

(PTO)

XoÀ¸nsâ XpSÀ¨

15
A\p_Ôw

tcJIÄ

1.

2.

3.

16