IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 15679 of 2011(H) -------------------------- PETITIONER: --------------- NANCHUKUTTY KOUNDER S/O.RAMASWAI KOUNDER,AGED 77 YEARS CHALAYOOR, CHAVADIYOOR POST 678 581,AGALI VIA ATTAPPADI. BY ADV. SRI.SANTHEEP ANKARATH SMT.M.SINDHU THANKAM RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER OTTAPALAM 679 101. 2. THE TAHSILDAR, MANNARKKAD TALUK MANNARKKAD 678 582. 3. NANCHI, W/O.SUNDARAN CHALAYOOR,CHAVADIYOOR POST 678 581, AGALI VIA ATTAPPADI. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15679 of 2011(H) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : PURCHASE CERTIFICATE DTD.22/9/1979 ISSUED BY LAND TRIBUNAL, AGALI IN FAVOUR OF THE PETITIONER. EXHIBIT P2 : BASIC TAX RECEIPT DTD.23/11/1999 ISSUED BY VILLAGE OFFICER, PUTHUR. EXHIBIT P3 : APPLICATION DTD.10/11/1988 FILED BY MARUTHI BEFORE THE 1ST RESPONDENT UNDER RULE 3(1) OF THE KERALA SCHEDULED TRIBES (RESTRICTION ON TRANSFER OF LANDS AND RESTORATION OF ALIENATED LANDS. EXHIBIT P4 : PETITION DTD.14/12/1988 (WRONGLY SHOWN AS 14/12/1983) FILED BY MARUTHI ALONG WITH EXT.P3. EXHIBIT P5 : PETITION DTD.24.5.2008 FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P6 : COUNTER DATED 13.1.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P7 : PETITION DTD.10.2.2009 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P8 : PLAINT DTD.14.1.1992 IN O.S.NO.9 OF 1992 FILED BY MOTHER OF THE 3RD RESPONDENT BEFORE THE MUNSIFF-MAGISTRATE'S COURT, MANNARKKAD. EXHIBIT P9 : WRITTEN STATEMENT DATED 6.4.1992 FILED BY THE PETITIONER IN O.S.NO.9 OF 1992 BEFORE THE MUNSIFF -MAGISTRATE'S COURT, MANNARKKAD. EXHIBIT P10 : JUDGMENT DATED 11.11.1992 IN O.S.NO.9/1992 PASSED BY MUNSIFF- MAGISTRATE'S COURT, MANNARKKAD. EXHIBIT P11 : ORDER NO.TLA.152/88, 153/88, 156/88 DTD.17.03.2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.15679 OF 2011 -------------------------------------------------- Dated this the 10th day of June 2011 JUDGMENT The petitioner is stated as aggrieved of Ext.P11 order dated 17-03-2011 passed by the 1st respondent/RDO under the relevant provisions of the Kerala Restriction on Transfer By and Restoration of Lands to Scheduled Tribes Act, 1999. 2. The learned Government Pleader appearing for the respondents submits that the petitioner is having effective alternative remedy as provided under the Act itself. 3. In the above circumstances, this Court does not find it necessary to go into the merits of the case and to have the same adjudicated at the hands of this Court. Interference is declined and the Writ Petition is dismissed, however, without prejudice to the rights and liberties of the petitioner to pursue the matter availing the statutory remedy against Ext.P11. vdv P.R.RAMACHANDRA MENON, JUDGE