WP(C) NO. 13493 OF 2017 1 2025:KER:25879 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 13493 OF 2017 PETITIONERS: 1 LEELA D/O LATE DEVAKI, LEKSHMI VILASAM, MELPAYYANADU, ADAYAMON (P.O), PAZHAYAKUNNUMMEL VILLAGE, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN:695614. 2 LALITHA D/O LATE DEVAKI, KARIMPINKALA, CHARUVILA PUTHEN VEEDU, NANDIYODE (P.O), PALODE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT,PIN:695 522. BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.N.KUTTAPPAN THAZHASSERY RESPONDENTS: 1 P.INDIRA DEVI SAMBU SADANAM, CHUTTAYIL, KILIMANOOR,THIRUVANANTHAPURAM DISTRICT, PIN:695614. 2 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM, PIN:695 343. 3 THE ASSISTANT COLLECTOR THIRUVANANTHAPURAM, PIN:695343. WP(C) NO. 13493 OF 2017 2 2025:KER:25879 4 THE VILLAGE OFFICER PAZHAYAKUNNUMMEL VILLAGE, KILIMANOOR (P.O), THIRUVANANTHAPURAM DISTRICT, PIN:695614. 5 ADDL.R5. BINSA.S. AGED 30 YEARS, D/O. LATE SABU, VISHNU SREE, AYYAPPANKAVU NAGAR, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601. 6 ADDLR6. FELAEWSHA SABU, D/O. LATE SABU, VISHNU SREE, AYYAPPANKAVU NAGAR, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601. 7 ADDL.R7. MANNU.S.M. AGED 26 YEARS, S/O. LATE SAJI.K., SARANYA, AYYAPPAN NAGAR, KILIMANOOR, THIRUVNANTHAPURAM DISTRICT DISTRICT, PIN-695601. 8 ADDL.R8. NEERAJA, AGED 24 YEARS, S/O. LATE SAJI.K.,SARANYA, AYYAPPAN NAGAR, KILIMANOOR, THIRUVNANTHAPURAM DISTRICT DISTRICT, PIN-695601. (ADDITIONAL RESPONDENTS 5 TO 8 ARE IMPLEADED AS PER ORDER DATED 23-07-2019 IN I.A. 1/2019). BY ADV SRI.R.AZAD BABU SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13493 OF 2017 3 2025:KER:25879 JUDGMENT The petitioners belong to the Scheduled Tribe Community. 74 cents of land comprised in Survey No.881/1 of Pazhayakunnummel village belonged to one Smt. Ummini Kochappi, the mother-in-law of the petitioners’ mother late Devaki. It is stated that after the death of Smt.Ummini Kochappi, the above property devolved on Devaki’s husband Sri. Narayanan, the father of the petitioners herein by succession. Sri. Narayanan had executed a conveyance deed in favour of Smt. Devaki and her children. Subsequently in 1974, Devaki along with her husband Sri. Narayanan and their children executed a sale deed with respect to the above property in favour of the 1st respondent – Smt. P. Indira Devi. 2. While so, the Kerala Scheduled Castes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 came into force. As per Section 5 of the said Act, any transfer of immovable property possessed, enjoyed and owned by a WP(C) NO. 13493 OF 2017 4 2025:KER:25879 member of the Scheduled Tribe to a person other than a member of a Scheduled Tribe, effected on or after the 1st day of January 1960 and before the commencement of the said Act, shall be deemed to be invalid. 3. Based on an application filed by the mother of the petitioners under the provisions of the above Act, the property was restored to the petitioners vide Ext.P4 order dated 24.08.2001. Ext.P4 order was challenged by the 1st respondent in O.P.No.29167 of 2001, in which this Court by judgment dated 27.09.2010 (Ext.P7), set aside the impugned orders therein with a direction to restore the land to the petitioner therein, namely the 1st respondent herein. Against Ext.P7 judgment, Review Petition No.6 of 2011 was filed by the petitioners herein and Ext.P8 judgment dated 24.01.2011 was passed, in which the judgment was recalled noticing that the review petitioners were not heard. 4. After the recall, the said original petition was heard WP(C) NO. 13493 OF 2017 5 2025:KER:25879 and Ext.P9 judgment dated 26.05.2016 was passed in which, the question of exemption granted under the 1999 Act for agricultural land was not considered. In that view of the matter, to find out whether the petitioner therein is entitled to exemption under the 1999 Act, the matter was remanded back to the District Collector who was directed to take an appropriate decision with notice to all the parties. Ext.P10 decision dated 15.03.2017, impugned in this writ petition, was taken pursuant to the directions in the judgment dated 26.05.2016. 5. A reading of Ext.P10 shows that the directions in the judgment specifically regarding the issue of exemption have not been dealt with at all. As Ext.P10 order does not comply with the directions in Ext.P9 judgment of this Court, there is no other option, but to quash the same. Accordingly, I quash Ext.P10 and direct the 2nd respondent – District Collector to rehear the case with notice to the petitioners; respondent No.1 and additional respondents 5 WP(C) NO. 13493 OF 2017 6 2025:KER:25879 to 8 and pass fresh orders strictly in terms with the direction issued by this Court in Ext.P9 judgment referred to above and in accordance with law. Fresh decision shall be taken within a period of three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE MC/25.3 WP(C) NO. 13493 OF 2017 7 2025:KER:25879 APPENDIX OF WP(C) 13493/2017 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 25.8.1993. EXHIBIT P2: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 10.6.1994. EXHIBIT P3: TRUE COPY OF THE JUDGMENT PASSED BY THIS COURT IN OP NO.8888/1994 DATED 30.10.2000. EXHIBIT P4: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 24.8.2001. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 24.9.2001. EXHIBIT P6: TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 4TH RESPONDENT DATED 25.9.2001. EXHIBIT P7: TRUE COPY OF JUDGMENT PASSED BY THIS COURT IN OP NO.29167/2001 DATED 27.9.2010. EXHIBIT P8: TRUE COPY OF THE ORDER PASSED BY THIS COURT IN R.P.NO.6/2011 IN O.P.NO.29167/2001 DATED 24.1.2011. EXHIBIT P9: TRUE COPY OF JUDGMENT PASSED BY THIS COURT IN O.P.NO. 29167/2001 DATED 26.5.2016. EXHIBIT P10: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 15.3.2017. EXHIBIT P11 TRUE COPY OF THE SALE DEED DATED 7.6.1974