IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37056 of 2008(J)
1. NAMJAN.C., S/O.CHORIYAN, PALUR PO.,
... Petitioner
2. CHORIYAN, S/O.BAGELLAN, PALUR PO.,
Vs
1. DISTRICT COLLECTOR, PALGHAT
... Respondent
2. REGIONAL MANAGER, KERALA STATE DEVELOP-
3. DEPUTY TAHSILDAR (RR)
4. DEPUTY TAHSILDAR (RR)
5. VILLAGE OFFICER, KARULAI,
6. SIVARAJAN.T.K.,
7. P.MOHANACHANDRAN, S/O.K.PRABHAKARAN NAIR
For Petitioner :SRI.P.K.RAVISANKAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :17/12/2008
O R D E R
V.GIRI, J
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W.P.(C).37056/2008
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Dated this the 17th day of December, 2008
JUDGMENT
First petitioner availed a loan from the second
respondent for purchasing a mini lorry. When
repayment of the same was defaulted, the vehicle was
repossessed by the second respondent and then sold
for an amount of Rs.30,000/-. Petitioners decided to
sell the land in their possession and filed Ext.P2
application before the District Collector for permission
to alienate the land in terms of the provisions of the
Kerala Restriction on Transfer by and Restoration of
Lands to Scheduled Tribes Act. Said application is
pending disposal. Writ petition has been filed seeking
a direction for an expeditious consideration of the
application.
2. Learned Government Pleader, on instructions,
submits that an enquiry has been conducted by the
RDO and a decision will be taken on Ext.P2 by the
District Collector.
W.P.(C).37056/2008
2
3. I heard learned Standing Counsel for the second
respondent also. In the result, writ petition is disposed
of directing the first respondent to consider and pass
orders on Ext.P2 within three months from the date of
receipt of a copy of this judgment. Enforcement of
Exts.P1 and P5 shall be kept in abeyance till a decision is
taken on Ext.P2.
V.GIRI,
Judge
mrcs