STATE OF KERALA Vs. P NALLATHAMPI THERA

JUDGEMENT

(1.) The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 as passed by the Kerala Legislature received the assent of the President on 11.4.1975. The avowed object was:

(2.) The State again filed another application for extension of time by one more year to implement the Act. This court felt that the will to implement the Act was wanting and the court had to play a more active role to ensure the implementation of the Act. Though this court granted extension of time by six months, this court issued the following directions to moniter the progress.

(3.) Reports filed before this Court were scrutinised by this court assisted by the Additional Advocate General. Though a number of applications filed under the Act were allowed, no actual restoration was effected even in cases where no appeals were filed and no compensation was payable. This was also referred to by the petitioner in a petition filed by him before this court on 1-3-1996. In that situation, the learned Additional Advocate General gave an assurance to the court that the order would be implemented. This was the order passed by this court on 28-3-1996.