IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 31897 of 2008(V) -------------------------- PETITIONERS: --------------- 1. MATHACHAN, S/O. PAILY. 2. SIVASWAMY, S/O. VELAPPA KOUNDER. 3. KALIYAMMA, W/O. SUBRAMANIAN. 4. NAMASIVAYAN, S/.O.KALIMUTHU CHETTIAR 5. RATNAKUMARI,WIDOW OF RATNAGOVINDAN. 6. THRESSIAMMA, W/O.JOSEPH, 7. VEERAN. ALL ARE RESIDING AT PADAVAYAL VILLAGE ATTAPPADY, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER OTTAPALAM ,PALAKKAD DISTRICT. 2. THE TAHSILDAR, MANNARKKAD TALUK PALAKKAD DISTRICT. 3. THE VILLAGE OFFICER, PADAVAYAL ATTAPPADY PALAKKAD DISTRICT. 4. KURUMBAN, RESIDING AT THAVALAM HOUSE PADAVAYAL, ATTAPPADY, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SMT. N.SUDHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------------------- W.P(C) No.31897 of 2008-V -------------------------------------------------------- Dated this the 9th day of December, 2008. J U D G M E N T An extent of 80 cents of land was purchased by the wife of the first petitioner from the 4th respondent, a member of scheduled tribe. Similarly, petitioners 2, 4, 6 and 7 also purchased different extents of land from one Mohammed Koya, who in turn, had purchased an extent of land from the 4th respondent. All these sales are seen to have been effected in the year 1990. 2. The 4th respondent filed a complaint before the Revenue Divisional Officer seeking restoration of the land and notice has been issued in this regard to the petitioners. They apprehended dispossession before order are passed by the statutory authority and hence this writ petition. 3. I heard learned Government Pleader. There is no appearance for the 4th respondent. A counter affidavit has been filed by the first respondent. It is stated therein that the petitioners shall be heard and a decision taken in accordance with the provisions of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act 1975. W.P(C) No.31897 of 2008-V : 2 : The submission is recorded. 4. Learned counsel for the petitioners submits that the petitioners have not been served with a copy of the complaint or the report alleged to have been filed before the Revenue Divisional Officer. On application, the same shall be furnished to the petitioners. Further steps shall be taken only after giving a reasonable opportunity to the petitioners, to place on record, any additional objections in this regard. Obviously an order that may be passed by the 1st respondent will be vulnerable to further proceedings in terms of the provisions of the Act. Subject to the above, the writ petition is disposed of. ab V.GIRI, JUDGE