Loading...
Responsive image

Sr.Nirmala vs The Dist.Collector on 22 June, 2007

Kerala High Court
Sr.Nirmala vs The Dist.Collector on 22 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 2698 of 1997(U)



1. SR.NIRMALA
                      ...  Petitioner

                        Vs

1. THE DIST.COLLECTOR, WAYANAD
                       ...       Respondent

                For Petitioner  :SRI.T.A.RAMADASAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :22/06/2007

 O R D E R
                            KURIAN JOSEPH, J.

                 -----------------------------------------

                          O.P.No. 2698 of  1997

                 -----------------------------------------

               Dated this the 22nd day of  June, 2007


                                     JUDGMENT

The writ petition is filed aggrieved by Exts.P2 and P4

proceedings initiated under the provisions of the Kerala

Scheduled Tribes (Restriction on Transfer of Lands and

Restoration of Alienated Lands) Act, 1975 whereby the petitioner

was directed to surrender an extent of 28> cents of property to

the original vendors who are members of the Scheduled Tribe, on

the ground that the same is hit by the restrictions on transfer of

such lands by members belonging to Scheduled Tribe. The

property is purchased during the period 1973 to 1983. In view of

the recent enactment – The Kerala Restriction on Transfer by and

Restoration of Lands to Scheduled Tribes Act, 1999 the petitioner

is entitled to succeed since such transfers of small extents are

protected by proviso to Section 5 of the Act. Section 5 reads as

follows:-

“5. Certain transfers to be invalid.-(1)

Notwithstanding anything to the contrary contained in any

other law for the time being in force, or in any contract,

custom or usage, or in any judgment, decree or order of

any Court, any transfer of land possessed, enjoyed or

OP NO.2698/1997

-:2:-

owned by a member of a Scheduled Tribe to a person

other than a member of a Scheduled Tribe, effected on or

after the 1st day of January, 1960, and before the

commencement of this Act shall be deemed to be invalid:

Provided that nothing in this section shall render

invalid any transfer of land possessed, enjoyed or owned

by a member of a Scheduled Tribe to a person other than

a member of a Scheduled Tribe effected during the

aforesaid period and the extent of which does not exceed

two hectares.”

2. The extent as already noted above is only 28> cents.

The transfer is between 1973 to 1983. Thus the petitioner is

entitled to succeed in view of the proviso quoted above. The

impugned orders are hence quashed.

The writ petition is allowed as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

O.P.NO.2698/1997

JUDGMENT

22nd June, 2007

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information