IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 2123 of 2010(M) ------------------------- PETITIONER: --------------- MARIYAPPA KOUNDER, 95 YEARS, S/O.SUBBIAH KOUNDER, KOCHIKKAD, KANNIMARI POST, PATTANCHERRY VILLAGE, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. 2. MARATHAL, W/O.LATE RAMAN, KOCHIKKAD, KANNIMARI. 3. MURUGAN, S/O.LATE RAMAN, KOCHIKKAD, KANNIMARI. 4. MUTHUSWAMY, S/O.LATE RAMAN, KOCHIKKAD, KANNIMARI. 5. KANNAMMA, D/O.LATE RAMAN, KOCHIKKAD, KANNIMARI. 6. TAHSILDAR, CHITTUR TALUK, CHITTUR. 7. THE DISTRICT COLLECTOR, PALAKKAD. BY SPL.GOVT.PLEADER SHRI SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.2123 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T The petitioner claims to be a bona fide purchaser of 6 acres and 70 cents of land. He is aggrieved by the action of the first respondent to take possession of the above said property invoking Section 5 of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act 1999. 2. The petitioner purchased an extent of 6 Acres 70 cents of paramba from one Rman, the deceased father of respondents 2 to 5 as per registered document, Exhibit P1 dated 24.10.1971. According to him, he has converted the dry land into a double crop wet land. 3. The respondents claim relief under Section 5 of the Scheduled Tribe (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 for restoring the land covered by Exhibit P1 specifically under Section 6(3) of the said Act. The same was ordered as per Exhibit P2. W.P.(C)No.2123/10 -2- 4. The matter was taken in appeal before the District Collector by the petitioner and Exhibit P3 is the appellate order whereby it was ordered that transfers not exceeding two hectares is valid as per Section 5(1) of the Act and respondents 2 to 5 are entitled to get alternate land equal to the extent that they have alienated. 5. Thereafter, respondents 2 to 5 filed application before the Revenue Divisional Officer to restore possession of 1.70 acres of land as per Exhibit P4 and the petitioner filed counter, Exhibit P5. 6. The main grievance raised by the petitioner is that the first respondent is taking hasty steps to take possession of the entire property without considering the appellate order, Exhibit P3. 7. Heard the learned Special Government Pleader appearing for respondents 1 and 7. In the light of the dispute between the parties, the matter will have to be considered by the Revenue Divisional Officer. Therefore, there will be a direction to the 1st respondent to take a W.P.(C)No.2123/10 -3- decision on Exhibit P4 after hearing the petitioner and respondents 2 to 5 within a period of three months. The petitioner will be entitled to submit his option with regard to the property to be surrendered also. Till orders are passed, interim order passed by this Court will continue. T.R.RAMACHANDRAN NAIR, JUDGE dsn