IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15196 of 2009(T) -------------------------- PETITIONER: --------------- SMT. PRAN THAMBAI, W/O. NARAYANAN, AGED 45 YEARS, MANDALAM.P.O, NEW NADUVIL, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KANNUR, COLLECTORATE.P.O, KANNUR DISTRICT. 2. THE TAHSILDAR, TALIPARAMBA TALUK, KANNUR DISTRICT. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 15196 of 2009 -------------------------- Dated this the 3rd June,2009 J U D G M E N T Petitioner, who belongs to the Scheduled Tribe is desirous of alienating 40 cents of land belonging to her to meet the marriage expenses of her daughter. This requires sanction by the District Collector under the provisions of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and restoration of Alienated Lands) Act 1975. Petitioner's application was recommended by the Tahasildar under Exhibit-P2 but the application was not considered on merits by the District Collector. Therefore, the application was returned stating that application cannot be considered under the Kerala Scheduled Tribes (Restriction on Transfer of Lands and restoration of Alienated Lands) Act. The same is under challenge in the writ petition. No reason is mentioned in Exhibit-P3 as to why the application cannot be considered on merits. W.P ( C) No. 15196 of 2009 2 2. I heard learned Government Pleader also. In the result, Exhibit-P3 is set aside and the 1st respondent is directed to consider the petitioner's application on merits in accordance with law and take a decision within a period of three months from the date of receipt of a copy of this judgment. If there is a proposal to reject the application, an authorised representative of the petitioner shall be heard by the District Collector in this regard. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 15196 of 2009 3 W.P ( C) No. 15196 of 2009 4