High Court Kerala High Court

Namjan.C. vs District Collector on 17 December, 2008

Kerala High Court
Namjan.C. vs District Collector on 17 December, 2008
       

  

  

 
 
  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
                     -------------------
                  W.P.(C).37056/2008
                     --------------------
      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