IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WA.No. 1195 of 2009 ----------------------------- AGAINST THE JUDGEMENT IN WPC.14205/2009 Dated 27/05/2009 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. KRISHNANKUTTY.T.R, S/O. RAMAN, AGED 69 YEARS, THEEPOOZHIKKUNNEL (THEVARKUZHIYIL) HOUSE, CHALLAKKONAM KARA, KANJIKUZHI VILLAGE, CHECHUVADU, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. BHARGAVI, W/O. KRISHNANKUTTY, AGED 64 YEARS, THEEPOOZHIKKUNNEL (THEVARKUZHIYIL) HOUSE, CHALLAKKONAM KARA, KANJIKUZHI VILLAGE, CHECHUVADU, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.T.V.GEORGE RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE (R) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE IDUKKI KANJIKKUZHY SERVICE CO-OPERATIVE BANK LTD. NO. 190, IDUKKI, KANJIKKUZHY.P.O, IDUKKI. R1 & R2 BY SPECIAL GOVERNMENT PLEADER SRI.P.SANTHOSHKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No. 1195 of 2009 ------------------------------------------ Dated, this the 16th day of June, 2009 JUDGMENT Kurian Joseph, J. The appellants are the petitioners in the writ petition. They approached this Court praying for a direction to the District Collector to take a decision on their application to sell one acre of land out of the three acres assigned to them. Being members of the Scheduled Tribe, unless a direction is granted, they cannot sell the property in view of the provisions under the Kerala Scheduled Tribe (Restriction on transfer of land and restoration of alienated lands) Act. The District Collector sought for a clarification from the Government and hence the learned Single Judge disposed of the writ petition with a direction to the Government to forward its views to the District Collector and with a further direction to the District Collector to pass orders. 2. The learned Special Government Pleader appearing for the respondents, on instruction, beings to our notice that the W.A.No.1195 of 2009 - 2 - Government has already directed the District Collector, Idukki to dispose of the application for grant of permission for sale of land on the basis of the existing Rules as per Government letter dated 11.6.1999. 3. In view of the communication of the Government as above, this writ appeal is disposed of with a direction to the District Collector, Idukki to take a decision on the application filed by the appellants within a week from the date of production of a copy of this judgment by the appellants. We make it clear that while taking decision, the District Collector will bear in mind the dire need for money to clear the debts due to the Bank, d for meeting the medical expenses and also for the conduct of the marriage of their daughter. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns