IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18790 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------ MR. BALAKRISHNAN, S/O.LATE MANICKAN, AGED 56 YEARS, VALIYAVEETTIL, KANJIKKUZHY KARA, KANJIKKUZHY VILLAGE, THODUPUZHA TALUK. BY ADVS. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE (R)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE IDUKKI – KANJIKKUZHY SERVICE CO-OPERATIVE BANK LTD. NO.190, IDUKKI, KANJIKKUZHY P.O., IDUKKI. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).18790/2009 -------------------- Dated this the 6th day of July, 2009 JUDGMENT Petitioner is a member of the Scheduled Tribe in ownership and possession of 3 Acres of land in Kanjikkuzhi Village in Thodupuzha Taluk. He has four children. He is in dire need of funds in connecton with the marriage of his daughter. He has also availed a loan from the Service Co-operative Bank. He has to repay the loan. In the circumstances, he filed an application before the 2nd respondent for permission to sell 30 cents of land invoking the powers of the 2nd respondent under the Kerala Restriction on Transfer By and Restoration of Lands to Scheduled Tribes Act, 1999. District Collector took a view that though the petitioner's need seems to be genuine, he requires a permission from the Government to take a decision on the application. This is apparently because the issue regarding the validity of certain provisions of the Act is pending before the Supreme Court. W.P.(C).18790/09 2 2. Learned counsel for the petitioner refers to Ext.P10 judgment of the Division Bench of this Court wherein this Court had directed the District Collector to take a decision keeping in mind the dire need which was projected by the applicant. A similar direction could be issued in this case as well. 3. Accordingly, writ petition is disposed of directing the 2nd respondent to deal with the petitioner's application, Ext.P1, on merits in accordance with the provisions of the statute keeping in mind the dire need for money, which the petitioner has and which has been found in Ext.P8 as well. District Collector shall proceed to take a decision without awaiting for the views of the Government as such, in the light of the provisions of the Act, within six weeks from the date of receipt of a copy of this judgment. sd/- V.GIRI, Judge mrcs //true copy// P.A. to Judge