Kerala High Court
Sheela D vs The District Collector Wayanad on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15207 OF 2024
PETITIONER:
SHEELA D
AGED 51 YEARS
D/O MULLAN @ SANKARAN, KAPPALA HOUSE, PANNIMUNDA,
MUYLAMBADI P.O, MEENANGADI, PURAKKADI AMSOM, PURAKKADI
DESOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT, PIN -
673591
BY ADVS.
SHERRY J. THOMAS
E.K.AVINASH
JOEMON ANTONY
ANTONY NILTON REMELO
RESPONDENTS:
1 THE DISTRICT COLLECTOR WAYANAD
OFFICE OF THE DISTRICT COLLECTOR WAYANAD, CIVIL
STATION, KAIRALI NAGAR, KALPETTA, KERALA, PIN - 673122
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, MALAYORA HIGHWAY,
MANANTHAVDY, KERALA, PIN - 670645
3 THE TEHSILDAR (LR)
TALUK OFFICE, PULPALLY-SULTAN BATHERY HIGHWAY, SULTHAN
BATHERY, KDANGANAD, KERALA, PIN - 673592
4 THE VILLAGE OFFICER
VILLAGE OFFICE, BANGALORE-CALICUT HIGHWAY, SULTHAN
BATHERY, KERALA, PIN - 673592
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.15207 of 2024 2
VIJU ABRAHAM,J
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W.P.(C).No.15207 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the 1st respondent to consider and pass orders on Ext.P1.
2. Petitioner averred that she belong to the Scheduled Tribe-Mullu Kuruma Community in Wayanad District. She further averred that the petitioner and 21 other persons are the legal heirs of Chomadi Mullakuruman Velukkan the predecessor of the petitioner who was in possession of certain extent of property (Approximate 2 Acres) by virtue of Pattayam bearing No.372, issued as per order No.FDIS 240248, dated 23.12.1938 by virtue of Tahsildar order Ref.No.10DNISI, dated 24.11.1942 and also by virtue of Adangal register issued by the Village Office, Muttil North. After the death of the said Chomadi Mullakuruman Velukkan, the entire property devolved upon his legal heirs, petitioner and others. It is submitted that the W.P.(C).No.15207 of 2024 3 petitioner as well as other legal heirs realized that the property which is devolved upon them is now under the illegal possession of various other persons, which is in violation of Sections 4 and 6 of the Kerala Schedule Tribes (Restriction on Transfer of Lands and Restoration of alienated Lands) Act, 1975. In view of the same, petitioner has preferred Ext.P1 complaint before the 1st respondent in this regard which has been duly received as is evident from Ext.P1A receipt dated 11.03.2024.
3. Heard the learned Government Pleader also. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1st respondent to take up Ext.P1 complaint submitted by the petitioner and finalize the same in accordance with law, at the earliest, within an outer limit of 3 months from the date of receipt of a copy of the judgment with notice to the petitioner and any other affected parties inclcuding the parties mentioned in paragraph 4 of the writ petition. Petitioner shall also produce W.P.(C).No.15207 of 2024 4 a copy of the writ petition before the 1st respondent along with a certified copy of the judgment.
sd/-
VIJU ABRAHAM, JUDGE pm W.P.(C).No.15207 of 2024 5 APPENDIX OF WP(C) 15207/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION, DATED NIL, SUBMITTED BY THE PETITIONER AND OTHER LEGAL HEIRS Exhibit P1A THE COPY OF THE RECEIPT, DATED 11-03- 2024