IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 36886 of 2009(S) ---------------------------------------- PETITIONER(S): -------------------------- SATHEESH CHANDRAN PUTTATT, SECRETARY, ALL INDIA SURVIVAL OF TRIBAL PEOPLE FOR SOCIAL JUSTICE (A.I.S.T.P.S.J.), WAYANAD. BY ADV. MR.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT(S): --------------------------- 1. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE DISTRICT REGISTRAR, WAYANAD. BY GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMAN & S.SATHEESACHANDRAN, JJ. ------------------------------------- W.P.(C) No.36886 OF 2009 ------------------------------------ Dated this the 4th day of February, 2010 J U D G M E N T ~~~~~~~~~~~ P.R.Raman, J. The petitioner is the Secretary of All India Survival of Tribal People For Social Justice, Wayanad. His grievance is that as per Sections 4 and 5 of the Kerala Scheduled Tribes (Restriction on Transfer of lands and restriction of alienated Lands) Act, 1975 (hereinafter referred to as the 'Act'), the only inhibition contained in the said provision is that land belonged to Scheduled Caste and Scheduled Tribe shall not be transferred to other persons, other than the person belonged to the community, except with the sanction from District Collector. But, even in situation where such sale of the land is necessitated for raising funds in emergent situation, the authorities are not granting permission as sought for and in many cases it is being delayed also. In such circumstances, he has submitted a representation, Ext.P3, before the District Collector, Wayanad and he seeks for a direction to dispose of the same in accordance with law. W.P.(C) No.36886/2009 2 2. Though there are other prayers made in the writ petition, the learned counsel submits that he is not pressing for the time being except the relief of directing the appropriate authority to consider and dispose of Ext.P3. We have heard the learned Government Pleader appearing on behalf of the District Collector, Wayanad. Having regard to the facts and circumstances of the case and after hearing both sides, we direct the District Collector, Wayanad, to consider and dispose of Ext.P3, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the writ petitioner and to communicate the order to him on passing such orders. (P.R.RAMAN, JUDGE) (S.SATHEESACHANDRAN, JUDGE) ps