Allowed

Damodaran v. Damodaran

Kerala HC4 Jan 2008OP/6844/1999

Case brief

AI extract

What is this about?

The petitioner challenged an order restoring alienated land worth less than 2 hectares. The Court held that such transactions are exempt under Section 5(2) of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999. Consequently, the impugned order (Ext.P6) was quashed and the writ petition allowed.

What did the court decide?

Impugned order Ext.P6 was quashed and the writ petition was allowed.

Damodaran Vs Damodaran — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929

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OP.No. 6844 of 1999(M)

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PETITIONER:

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-----------1.DAMODARAN, S/O.KESAVAN, VALAVANKARI, VALAVANKARI, POOCHAKKAL P.O., PANAVALLY, ALAPPUZHA DIST.

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2.ACHAMMA LAKSHMI, W/O.DAMODARAN, -DO-

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BY ADV. SRI.N.N.SUGUNAPALAN

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RESPONDENTS:

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------------1.DAMODARAN, POLIKKATTU PUTHUVAL NIKARTHIL, POOCHAKKAL P.O., PANAVALLY, ALAPPUZHA DIST.

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2.THAMBI, -DO-

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3.PRAKASAN, -DO4.BABU, -DO-

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5.PATHUMMA, -DO-

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6.ANITHA, -DO-

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7.ASSISTANT COLLECTOR, ALAPPUZHA.

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8.DIST.COLLECTOR, ALAPPUZHA.

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9.STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT., SECRETARIAT, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL. SRI.V.N.SWAMINATHAN SRI.S.DILEEP

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.6844/1999

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A P P E N D I X

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PETITIONER'S EXHIBITS :

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EXT.P1 : TRUE COPY OF APPLICATION SUBMITTED BY THENKAMMA BEFORE THE R.D.O., ALAPPUZHA ON 30.11.1987UNDER THE KERALA SCHEDULED TRIBE (RESTORATION ON TRANSFER OF LAND AND RESTORATION OF ALIENATED LAND) ACT, 1975.

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EXT.P2 : TRUE COPY OF ORDER DT. 5.11.1990 PASSED BY THE 7TH RESPONDENT ASST.COLLECTOR ON EXT.P1.

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EXT.P3 : TRUE COPY OF PROCEEDINGS OF THE 8TH RESPONDENT DIST.COLLECTOR DT. 31.8.1991.

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EXT.P4 : TRUE COPY OF ORDER DT. 4.7.1997 PASSED BY THE 8TH RESPONDENT DIST.COLLECTOR.

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EXT.P5 : TRUE COPY OF JUDGMENT OF THIS COURT DT. 11.6.1998 IN O.P.NO.14449/97.

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EXT.P6 TRUE COPY OF PROCEEDINGS DT. 16.2.1999 OF THE 8TH RESPONDENT DIST.COLLECTOR.

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KURIAN JOSEPH, J.

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Original Petition No.6844 of 1999

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Dated 4^th January, 2008.

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J U D G M E N T

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Petitioners approached this court aggrieved by Ext.P6.

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There is also a prayer to “declare that the petitioners are not entitled to be dispossessed from their properties under the Scheduled Tribe (Restriction on Transfer of Land and Restoration of Alienated Land) Act, 1975”. The extent involved is only less than 2 hectares. Such transactions are liable to be exempted under Section 5(2) of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act 1999 (Act 12 of 1999). Therefore, Ext.P6 is quashed and the writ petition is allowed.

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C.M.P.No.11614/99 : Dismissed.

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KURIAN JOSEPH, JUDGE.

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tgs

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KURIAN JOSEPH, J

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---------------------------------------------Original Petition No.6844 of 1999

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J U D G M E N T