Citation : 2024 Latest Caselaw 10480 Ker
Judgement Date : 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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