P INDIRA DEVI Vs. DIST COLLECTOR

JUDGEMENT

(1.) Petitioner submits that, on 07-06-1974, by Ext.P2 Sale Deed, she purchased an extent of 74 cents of land from the third respondent, a person belonging to Scheduled Tribe community. It is stated that, subsequently, on an application made under the provisions of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1975, Ext.P3 order dated 25-08-1993 was passed by the second respondent, requiring the petitioner to deliver possession of the aforesaid 74 cents of land in Survey No.881/1 of Pazhayakunnummel village to the third respondent. Against Ext.P3 order, petitioner filed Ext.P4 appeal before the first respondent. By Ext.P5 order, Ext.P3 order passed by the second respondent was upheld. That order was challenged before this Court in O.P.No.8888/1994. By Ext.P6 judgment, this Court set aside Ext.P5 order and directed the first respondent to reconsider the claim in the appeal filed by the petitioner, in the manner as directed in the judgment. Accordingly, the District Collector reconsidered the matter and passed Ext.P7 order. In Ext.P7 order, although the claim of the third respondent for restoration of the land was upheld, taking note of the fact that Act 12 of 1999, replaced the Act of 1975 referred to above, the District Collector ordered that Ext.P7 order will be subject to the decision in the judgment of the Apex Court, which was there considering validity of certain provisions of the Act. In pursuance to Ext.P7, the Village Officer issued Ext.P8 order, requiring the petitioner to surrender the land. It is in these circumstances, this original petition is filed seeking to quash Exts.P3, P7 and P8.

(2.) Although notice has been served, there is no appearance on behalf of the third respondent.

(3.) By Act 12 of 1999, Act 31 of 1975 has been repealed and the 1999 Act came into force with effect from 24-01-1986. Therefore, the case in question has to be decided in terms of the Act 12 of 1999. Section 5 of 1999 Act provides that any transfer of land possessed, enjoyed or owned by a member of a Scheduled Tribe to a person other than a Scheduled Tribe, effected on or after 01-01-1960, and before the commencement of the Act, shall be invalid. It further provides that nothing in Section 5 shall render invalid any transfer of land possessed, enjoyed or owned by a member of Scheduled Tribe, to a person other than a member of Scheduled Tribe, effected during the aforesaid period provided the extent of which does not exceed 2 hectres.