A.SOMASUNDARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners contend that they belong to the Scheduled Tribe Community and reside within the limits of Pudussery and Akathethara Grama Panchayats. It is the case of the petitioners that they are landless people and have vested rights under the Kerala Restriction on Transfer by and Restoration of Land to Scheduled Tribes Act , 1999 (for short, 'the Act'). Their grievance is that though the provisions of the Act are being extended to various persons/tribes residing in the Attappadi area, the same benefit is not being extended to the petitioners who are residing in the Pudussery and Akathethara Grama Panchayat limits. In the said circumstances, the petitioners herein have preferred representations before the 3rd respondent. Copies of the representations preferred by petitioners 1 to 5 are produced as Exts.P4 to P8. The rest of the petitioners have also preferred applications raising the very same request and the same is pending. Since no action is being taken up on these representations disregarding the statutory obligations and the right of the petitioners herein, they have approached this Court seeking a direction to the 3rd respondent to take up Exts.P4 to P8 as well as the other similar representations submitted before him by the rest of the petitioners and take appropriate decisions.

(2.) The learned Government Pleader submits that Exts.P4 to P8 as well as other representations submitted by the rest of the petitioners can be taken up and appropriate orders can be passed.

(3.) Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of with a direction to the 3rd respondent to take up Exhibits-P4 to P8 as well as similar representations submitted before him by the rest of the petitioners and dispose it of on its merits, with notice to the petitioners, expeditiously, at any rate, within a period of four months from the date of receipt of a copy of this judgment.