IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1195 of 2009()
1. KRISHNANKUTTY.T.R, S/O. RAMAN,
... Petitioner
2. BHARGAVI, W/O. KRISHNANKUTTY,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, IDUKKI.
3. THE IDUKKI KANJIKKUZHY SERVIE
For Petitioner :SRI.T.V.GEORGE
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :16/06/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A. No. 1195 of 2009
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Dated, this the 16th day of June, 2009
JUDGMENT
Kurian Joseph, J.
The appellants are the petitioners in the writ petition. They
approached this Court praying for a direction to the District Collector
to take a decision on their application to sell one acre of land out of
the three acres assigned to them. Being members of the Scheduled
Tribe, unless a direction is granted, they cannot sell the property in
view of the provisions under the Kerala Scheduled Tribe (Restriction
on transfer of land and restoration of alienated lands) Act. The District
Collector sought for a clarification from the Government and hence the
learned Single Judge disposed of the writ petition with a direction to
the Government to forward its views to the District Collector and with
a further direction to the District Collector to pass orders.
2. The learned Special Government Pleader appearing for
the respondents, on instruction, beings to our notice that the
W.A.No.1195 of 2009
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Government has already directed the District Collector, Idukki to
dispose of the application for grant of permission for sale of land on the
basis of the existing Rules as per Government letter dated 11.6.1999.
3. In view of the communication of the Government as
above, this writ appeal is disposed of with a direction to the District
Collector, Idukki to take a decision on the application filed by the
appellants within a week from the date of production of a copy of this
judgment by the appellants. We make it clear that while taking
decision, the District Collector will bear in mind the dire need for
money to clear the debts due to the Bank, d for meeting the medical
expenses and also for the conduct of the marriage of their daughter.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns