IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10335 of 2011(N) -------------------------- PETITIONERS: --------------- 1. BABY GIRIJA, W/O.RAVEENDRAN, AGED 48 YEARS, ELAMBASSERIL HOUSE, KOLAPPAD, ERANHIKKODE P.O., EDAVANNA, MALAPPURAM DISTRICT. 2. LAYA RAVEENDRAN, MUKALEL HOUSE, ERANHIKKODE P.O., KOLAPPAD, EDAVANNA, MALAPPURAM DISTRICT. 3. LEENA RAVEENDRAN, RESIDING DO. 4. RAMACHANDRAN, S/O.GOPALAN, ELAMBASSERI HOUSE, ERANHIKKODE P.O., EDAVANNA, MALAPPURAM DISTRICT. BY ADV. SRI.T.G.RAJENDRAN SRI.P.K.ABDURAHIMAN (POOLACKAL KARATCHAL RESPONDENTS: --------------- 1. SANTHA, THANNIKUZHY HOUSE, PALLIPPADAM, MALAPPURAM DISTRICT, PIN - 676505. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. PIN - 679322. 3. DISTRICT COLLECTOR, MALAPPURAM - 676 505. 4. VILLAGE OFFICER, PULLIPPADAM, MALAPPURAM DISTRICT - 676 542. 5. SECRETARY, GOVERNMENT OF KERALA, SC & ST DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 6. TAHSILDAR, NILAMBUR - 679 329. BY SPL. GOVERNMENT PLEADER ADV. MR. P. SANTHOSH KUMAR, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 10335 OF 2011 ......................................................................... Dated this the 31st March, 2011 J U D G M E N T The petitioners, who are stated as absolute owners of the property covered by Exts.P1 to P3, are made to approach this Court because of the subsequent turn of events, challenging the validity of the conveyance made at the instance of the vendor himself. 2. The sequence of events as narrated in the writ petition shows that the property originally belonged to one Chennan, who obtained the same as per Ext.P4 Certificate, which was later conveyed to the petitioners as per Exts. P1 to P3 and in turn the petitioners were enjoying the property with clear title, absolute ownership and exclusive possession. However, pursuant to Ext. P5 complaint preferred by the aforesaid Chennan before the second respondent, a notice was issued to the petitioners stating that the property could not have been validly conveyed, W.P.(C) No. 10335 OF 2011 2 in so far as the property belonged to a Scheduled Tribe and that the vendor was a Scheduled Tribe. The proceedings are sought to be resisted from the part of the petitioners stating that, the vendor/complainant before the second respondent actually does not belong to the community 'Muthuvan' which is a Scheduled Tribe and on the other hand, he belongs to the particular community , viz., 'Malamuthan ', which is stated as not a Scheduled Tribe. Reliance is sought to be placed on Ext. P7 in this regard. The petitioners have impleaded the first respondent being the sole legal heir of the deceased vendor Chennan, who in fact had filed the complaint before the second respondent, when he was alive. 2. Heard the learned Special Government Pleader as well. 3. Taking note of the submission made by the learned Counsel for the petitioners that the prayers will stand confined to the direction to be given to the second respondent to have the proceedings finalised, passing appropriate orders on Ext.P5, this Court does not find it necessary to decide the merits involved in W.P.(C) No. 10335 OF 2011 3 this writ petition by issuing notice to the first respondent, which hence is dispensed with for the time being. The second respondent is directed to ensure whether the complainant to Ext. P5 is alive and if not, the proceedings shall be finalised after hearing all the legal heirs of the deceased, including the petitioners, as expeditiously as possible, at any rate, within 'four months' from the date of receipt of a copy of the judgment. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for further steps. It is made clear that 'status quo' shall be maintained till such final orders are passed on Ext. P5. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk W.P.(C) No. 10335 OF 2011 4