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Sheela D vs The District Collector Wayanad
2024 Latest Caselaw 10480 Ker

Citation : 2024 Latest Caselaw 10480 Ker
Judgement Date : 11 April, 2024

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
                     -------------------
                  W.P.(C).No.15207 of 2024
              ----------------------------------
            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

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

a copy of the writ petition before the 1st

respondent along with a certified copy of the

judgment.

sd/-

VIJU ABRAHAM, JUDGE

pm

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-

 
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