IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30227 of 2008(W) -------------------------- PETITIONER(S): --------------- MALATHI CHAMI, AGED 55, W/O.CHAMI, PREETHA NIVAS, CHINGERI TRIBAL COLONY, AMBALAVAYAL.P.O, SULTHANBATHERI TALUK, WAYANAD. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, WAYANAD. 2. BOSE SEBASTIAN, ALAMUTTU PUTHEN BANGLOW, AMBALAVAYAL.P.O, SULTHANBATHERI TALUK, WAYANAD. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30227/2008 -------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner belongs to the Scheduled Tribe and claims to be in possession of one Acre 25 cents of land in Survey No.298/1A/1A/1A of Ambalavayal Village in Wayanad District. There is a residential house in the said property as well. Petitioner states that she is in possession of the land. There is no averments in the writ petition indicating the manner in which the petitioner came into possession of the land. Apparently, present writ petition is filed in the wake of apprehension by the petitioner that the land in her possession is proposed to be leased to the second respondent to conduct a quarry. Petitioner has filed Ext.P2 complaint and Ext.P3 reminder in that behalf before the first respondent. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the first respondent to consider and pass orders on Exts.P2 and W.P.(C).30227/2008 2 P3, before any decision is taken, or proposed to be taken in that behalf, for leasing out the property in the possession of the petitioner in favour of the second respondent or any other person. Petitioner shall produce a copy of the writ petition along with the copy of the judgment before the first respondent for compliance. V.GIRI, Judge mrcs