BALATHANDAIUDAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) By Ext.P1 order passed on 11.10.1995 under the provisions of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975, the Revenue Divisional Officer, Ottappalam directed the petitioner to re-convey and deliver possession of the lands measuring 3 acres in extent situated in Survey No.1000/4 of Puthur village, Mannarkad Taluk to the applicant Karia Moopan. The said order has attained finality. Later, the State Legislature enacted the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1999, Act 12 of 1999. Though by section 22 of the said Act, Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 stood repealed, the orders passed by the competent authorities under the 1975 Act were saved in cases where the orders are not inconsistent with the provisions of the later law. Some of the provisions of Act 12 of 1999 were struck down by a Division Bench of this Court. But, in State of Kerala and another v. Peoples Union for Civil Liberties,2009 4 ILR(Ker) 387), the Apex Court reversed the decision of this Court and upheld the validity of Act No.12 of 1999. Shortly thereafter, the Revenue Divisional Officer issued Ext.P2 notice dated 1.10.2009 calling upon the petitioner to comply with Ext.P1 order. The petitioner thereupon submitted Ext.P3 representation before the Revenue Divisional Officer requesting him not to implement Ext.P1 order. This writ petition was thereafter filed on 9.11.2009 seeking expeditious disposal of Ext.P3 representation before implementing Ext.P1 order.

(2.) When the writ petition came up for hearing today, Sri.P.Santhosh Kumar, the learned Special Government Pleader appearing for the respondent submitted on instructions that the petitioner will be heard by the Revenue Divisional Officer today and that orders will be passed on Ext.P3 expeditiously. In the light of the said submission, I am of opinion that no further orders are called for except to record the said undertaking and to direct the Revenue Divisional Officer to communicate a copy of the order passed by him to the petitioner expeditiously.