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.
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O.P.No. 2698 of 1997
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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