SR.NIRMALA versus THE DIST.COLLECTOR, WAYANAD

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SR.NIRMALA v. THE DIST.COLLECTOR, WAYANAD - OP No. 2698 of 1997(U) [2007] RD-KL 11035 (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 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 

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