IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 15064 of 2009(C) --------------------------------------- PETITIONER(S): -------------------------- 1. K.C.SIVADASAN, S/O.CHANCHU, AGED 46 YEARS, COOLI WORKER, CHELAKKOTTIL HOUSE, EDAVANNA AMSOM AND DESOM, ERNAD TALUK. 2. RATNAKUMARI, W/O.K.C.SIVADASAN, AGED 44 YEARS, CHALAKKOTTIL HOUSE, EDAVANNA AMSOM AND DESOM, ERNAD TALUK. BY ADVS.MR.K.V.PAVITHRAN MR.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, ERNAD TALUK, P.O.ERNAD, MALAPPURAM DISTRICT. 2. VILLAGE OFFICER, ERNAD VILLAGE, P.O.EDAVANNA, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15064/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ASSIGNMENT DEED. DTD. 11.11.08. P2:- COPY OF THE DOCUMENT NO.991/08. P3:- COPY OF THE PETITION SUBMITTED BY THE PETITIONERS. P3(a):- COPY OF THE PETITION SUBMITTED BY THE PETITIONERS 1 AND 2. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15064 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of October, 2009. JUDGMENT The petitioners seek a direction for consideration of Exts.P3 and P3(a) applications to receive land revenue(tax). Going by the Statement on record, the Deputy Tahsildar points out that the land was assigned to a person belonging to ST category and the said poor and illiterate person will be deprived of the land. With this specific statement on record, it needs to be stated that all further proceedings will stand to be governed by the decision of the District Collector or any authority who is competent to look into the transaction in terms of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975. However, this exercise cannot be delayed since the petitioners, through WPC15064/09 -: 2 :- counsel, point out that the transferor of the petitioners is not a member of a Scheduled Tribe. Hence, this writ petition is ordered directing the petitioners to appear before the District Collector, Malappuram, who will look into the matter and do the needful on the claim of the petitioners or by taking necessary steps in terms of the aforesaid legislation in accordance with law. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/141109