Petitioners challenged the delay in considering their applications for permission to sell tribal land under the Kerala Scheduled Tribes Act 1975. The High Court directed the first respondent to consider the applications within two months.
Directing the first respondent to consider the Petitioners' applications for permission to sell land within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938
WP(C).No. 17455 of 2016 (F)
PETITIONER(S):
1. E.V.CHANDRAN, S/O.VATTAN, IRIPPOOD KURUMA COLONY, MULLANKOLLI P.O., PULPALLY, WAYANAD DISTRICT, PIN - 673 579.
2. E.V. SURESH, S/O.VATTAN, IRIPPOOD KURUMA COLONY, MULLANKOLLI P.O., PULPALLY, WAYANAD DISTRICT, PIN - 673 579.
BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY)
RESPONDENT(S):
1. THE DITRICT COLLECTOR, WAYANAD DISTRICT, KALPATTA, PIN - 673 121.
2. THE DISTRICT REGISTRAR, WAYANAD DISTRICT, KALPATTA, PIN - 673 121.
BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 17455 of 2011 (F)
APPENDIX
PETITIONER(S)' EXHIBITS:
-----------------------
RESPONDENT(S)' EXHIBITS:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
P.B. SURESH KUMAR, J.
-----------------------------------------------W.P.(C).No. 17455 of 2016
-----------------------------------------------Dated this the 18th day of May, 2016
JUDGMENT
Exts.P7 and P8 are the applications filed by the
petitioners before the first respondent invoking the provisions of the Kerala Scheduled Tribes (Restriction on Transfer of lands and Restoration of Alienated Lands) Act 1975 for permission to sell their property. The grievance of the petitioners is that the said applications are not being considered. The said applications being statutory in nature, I do not find any justification for the first respondent in delaying the disposal of the same.
In the result, the writ petition is disposed of directing
the first respondent to consider Exts.P7 and P8 applications,
as expeditiously as possible, at any rate, within a period of
W.P.(C).No. 17455 of 2016
2
two months from today.
Sd/-
P.B. SURESH KUMAR JUDGE
bpr
1 issue framed by the court
Whether the District Collector was justified in delaying the consideration of applications for permission to sell land made by petitioners under the Kerala Scheduled Tribes Act 1975.
1 provisions across 1 enactments
E.V. CHANDRAN
E.V. SURESH
THE DISTRICT COLLECTOR, WAYANAD DISTRICT
THE DISTRICT REGISTRAR, WAYANAD DISTRICT
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
