Jagannadha Rao, C.J.

This writ petition filed by Fr.Thomas Kumbukkat on behalf of Kanjirappally Taluk Karshaka Samrakshana Samithy, and 14 others, raises the question of constitutional validity of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated lands) Act, 1975 (hereinafter called the 'Act'). It is contended that even though the Act is placed in the Ninth Schedule of the Constitution of India read with Art.31-B, the provisions of the Act are not constitutional as being violative of the basic features of the Constitution of India. It is contended that the petitioners are in possession of various items of properties, in particular in forest area, and that they have obtained valid title to the property, having obtained the same from the Scheduled Tribes. They have improved the property and now it will cause great hardship, if they are to be evicted and the lands restored to the Scheduled Tribes.

2. It is urged before us is that the provisions of the Act are contrary to the rule of law which is the basic feature of the Constitution as mentioned in Kesavananda Bharati's case, (1973) 4 SCC 225, and as later explained in Waman Rao v: Un