MERY THOMAS, W/O PRADEEP; PRADEEP M P S/O KUNHIRAMAN NAIR Vs. STATE OF KERALA; DISTRICT COLLECTOR, OFFICE OF KOTTAYAM DISTRICT COLLECTOR; TAHSILDAR, MEENACHIL TALUK

JUDGEMENT

(1.) Petitioner belongs to a Scheduled Tribe and she has married a person from Nair community. Petitioner acquired certain item of land as per Exts.P2A and P3. Ext.P2A is the copy of sale deed registered on 1.10.2011 in favour of the petitioner. It covers an extent of 5.87 ares in resurvey No.10/1, 12.15 ares in resurvey No.10/5 and 22.45 ares in resurvey No.10/5A. The petitioner intends to sell the property covered by Ext.P2A sale deed. She approached the District Collector, who is the competent authority under Section 4 of the Kerala Restriction on Transfer By and Restoration of Lands to Scheduled Tribes Act, 1999, (hereinafter referred as the Act) seeking permission to assign the said property.

(2.) According to the petitioner, she requires to sell the property for the purpose of settling various liabilities which she had incurred for acquisition of properties.

(3.) The District Collector by Ext.P7 order denied permission on the ground that if the permission is granted, the petitioner will not be in possession of 1 Acre land in terms of Section 10(2) of the Act and therefore, she is not entitled to transfer the said property. Petitioner challenges Ext.P7 inter alia contending that the property covered by Ext.P2A is a self acquired property and therefore, no such restriction can be imposed by the District Collector. It is further argued that as per Section 10(1) of the Act, a Scheduled Tribe is entitled to get assignment of a minimum of 1 Acre of land and if such an assignment is made, the restriction in terms of Section 10(2) arises. As far as the petitioner is holding the property as per registered sale deed by way of self acquisition, Section 10(2) cannot be taken as a restriction to refuse permission to assign the land. If permission is not granted by the District Collector under Section 4 of the Act, the petitioner will not be in a position to assign the said land as no person will purchase the property without such permission.