1. A not so commonly applied Statute, but one which has portentous amplitude, in social engineering imperatives and social justice endeavours, is involved in this case. The Act called into focus herein is the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (for short, 'the Act').

2. The preambular mandate of this Act is “to provide for restricting the transfer of lands by members of Scheduled Tribes in the State of Kerala and for the restoration of possession of lands alienated by such members and for matters connected therewith”. This Act has come into force with effect from 24.01.1986 and is a successor to the earlier Act “the Kerala Scheduled Tribes (Restriction on Transfer and Restoration of Alienated Lands) Act, 1975 (31 of 1975)”, which had been brought into effect on 01.01.1982. However, consequent to the enactment of Act 31 of 75, several proceedings came to be initiated before the various Revenue Divisional Officers, for restoration of possession of tribal lands from non-tribal alienees and attempts to evict them created serious social problems with multi-faceted dimensions. It was noticed that many of the non-tribal aliene