LOGANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the writ petition is for a direction to the 2nd respondent to conduct an enquiry regarding the illegal action and claim of the respondents over the property of the petitioners and for a declaration that the property of the petitioners is not hit by the provisions of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (hereinafter referred to as the 1999 Act). There is also a prayer for directing the 3rd respondent to provide adequate and sufficient police protection to the petitioners and their family members to enjoy their property covered by Ext.P1 document and to protect their freedom of movement through their aforesaid property.

(2.) The petitioners are residing in Kanarpalayam in Tamil Nadu. They have purchased properties by virtue of document No.440/1997, a copy of which is produced as Ext.P4. The predecessorin-interest of the petitioners had obtained the properties as per sale deed No.2373/1975, a copy of which is produced as Ext.P5. Ext.P5 is a document executed by a member of Scheduled Tribes. Respondents 5 and 6 are persons claiming under the transferor in Ext.P5 document.

(3.) As per the provisions of the 1999 Act, transfers of Agricultural properties effected by a member of the Scheduled Tribe has an invalidity attached to it and proceedings can be initiated for restoration of possession and enjoyment of property to the member of the scheduled Tribe. However, the Act does not apply to transfers effected between 1/1/1960 and 24/1/1986, of areas less than 2 hectares.