IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15824 of 2010(C) --------------------------------------- PETITIONER(S): ------------------------ RAVI, S/O.NARAYANAN, RESIDING AT NEDUMPULLI THADATHIRAKATHU, THAVALAM P.O., KANNAMALA, ATTAPADY, PALAKKAD DISTRICT. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD. 4. RESI, W/O.KALLAN, KOOKAMPALAYAM, THAVALAM, ATTAPADY, PALAKKAD. R1 TO R3 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15824 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2010 J U D G M E N T The petitioner purchased a land in the year 1986 and has been enjoying the same by doing agricultural activities thereon and paying land tax. The petitioner is now aggrieved by Ext.P6 proceedings of the Revenue Divisional Officer, Ottapalam, wherein petitioner has been directed to vacate the property on the ground that the sale in favour of the petitioner is liable to be cancelled in view of the provisions of the Kerala Restriction on Transfer By And Restoration of Lands to Scheduled Tribes Act, 1999. Petitioner would contend that the extent of the property in question is only one acre and under the proviso of Section 5 (1) of the said Act, lands below the extent of 2 hectares are exempted from the purview of Section 5 (1) which authorises cancellation of the sale. The petitioner has filed Ext.P7 appeal before the District Collector, Palakkad W.P.(C)No. 15824 of 2010 -2- against Ext.P6 order. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P7 as expeditiously as possible and stay the eviction pursuant to Ext.P6 in the meanwhile. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P7 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 petitioner as well as the 4th respondent. Till orders are passed on Ext.P7, further proceedings pursuant to Ext.P6 shall be kept in abeyance. S. SIRI JAGAN JUDGE shg/