SHAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These four writ petitions pertain to the dispute as regards certain properties, which allegedly attract the provisions under the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (hereinafter referred to as 'Act 31 of 1975') as well as the provisions under the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (hereinafter referred to as the 'Act 12 of 1999').

(2.) The short facts necessary for the disposal of these writ petitions, as culled out from W.P(C) No.1949 of 2017 are as under:

(3.) One Sri.Marimooppan and Sri.Vazha (hereinafter referred to as 'applicants') presented applications before the Revenue Divisional Officer under the provisions of Act 31 of 1975, essentially pointing out that the properties held by the petitioners in W.P(C) No.1949 of 2017 and W.P(C) No.1020 of 2017, Paul George and Shaju respectively, were originally in their possession and therefore, they are entitled to restoration of the possession since P.C. brothers had forcefully taken possession of such properties from them. Copies of such applications are produced as Exts.P4 and P5 respectively. The said applications stood numbered as TLA Nos.2058/1987 and 2059/1987. In the meantime, Act 31 of 1975 stood repealed by Act 12 of 1999.