Balakrishnan vs State Of Kerala on 6 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18790 of 2009(P)



1. BALAKRISHNAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :06/07/2009

 O R D E R
                         V.GIRI, J
                       -------------------
                   W.P.(C).18790/2009
                      --------------------
           Dated this the 6th day of July, 2009

                       JUDGMENT

Petitioner is a member of the Scheduled Tribe in

ownership and possession of 3 Acres of land in

Kanjikkuzhi Village in Thodupuzha Taluk. He has four

children. He is in dire need of funds in connecton with

the marriage of his daughter. He has also availed a

loan from the Service Co-operative Bank. He has to

repay the loan. In the circumstances, he filed an

application before the 2nd respondent for permission to

sell 30 cents of land invoking the powers of the 2nd

respondent under the Kerala Restriction on Transfer By

and Restoration of Lands to Scheduled Tribes Act, 1999.

District Collector took a view that though the petitioner’s

need seems to be genuine, he requires a permission

from the Government to take a decision on the

application. This is apparently because the issue

regarding the validity of certain provisions of the Act is

pending before the Supreme Court.

W.P.(C).18790/09
2

2. Learned counsel for the petitioner refers to Ext.P10

judgment of the Division Bench of this Court wherein

this Court had directed the District Collector to take a

decision keeping in mind the dire need which was

projected by the applicant. A similar direction could be

issued in this case as well.

3. Accordingly, writ petition is disposed of directing

the 2nd respondent to deal with the petitioner’s

application, Ext.P1, on merits in accordance with the

provisions of the statute keeping in mind the dire need

for money, which the petitioner has and which has been

found in Ext.P8 as well. District Collector shall proceed

to take a decision without awaiting for the views of the

Government as such, in the light of the provisions of the

Act, within six weeks from the date of receipt of a copy

of this judgment.

sd/-

V.GIRI,
Judge

mrcs
//true copy//

P.A. to Judge