The court ruled that the Sub Collector exceeded jurisdiction by revising an order based on an omitted rule, emphasizing the need to adhere to legislative intent under the Act.

JUDGMENT :

The writ petition is preferred challenging Ext.P5 order of the 1^st respondent - the Sub Collector, which revised the order of the 5^th respondent as per Ext.P4, exercising the powers conferred under Section 6(3) of the Kerala Scheduled Tribe (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (for short ‘the Act,1975’).

2. The petitioner herein is the owner of ten cents of property in Sy.No.161/1 (Re.Sy.No.204/4) in Block No.46 of Kanjikuzhi Village as per sale deed No.1753/2008 SRO Arakulam dated 29.08.2008. The petitioner obtained the said property from one Baiju M.B., who obtained property from the 6^th respondent as per Ext.P3 dated 23.07.1996.

3. The issue arises when the sister of the 6^th respondent, Jancy Kuruvila, the 7^th respondent herein approached the 1^st respondent under Section 4 and Section 6(3) of the Act, 1975 challenging Ext.P4 order whereby permission has been granted by the 5^th respondent to the 6^th respondent for alienating ten cents of land belonging to her in order to settle the liability with the Kanjikuzhi Cooperative Bank under Rule 31 of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Rules (for short ‘the Rules’). The case projected by the 7^th respondent before the 1^st respondent is to restore the possession and enjoyment to an extent of total 01.23.90 Hectars of land comprised in Sy. No.204/3 and 204/4 of Kanjikuzhi Village in Thodupuzha Taluk. Such contention was raised in the premise that Sri.Jose Panamthanam, the original purchaser of the land from the 6^th respondent willfully grabbed ten cents of land making a document when her sister was not in a position to enter into a contract, and then by way of transfer, the present Thandaper holder, i.e., the petitioner herein had purchased the land in question.

4. After hearing the parties and conducting a detailed enquiry through the Village Officer, Kanjikuzhi, a site inspection was conducted by the 1^st respondent on 09.11.2012. The petitioner herein was given an opportunity to adduce evidence. Accordingly, he has produced Ext.P1 whereby he obtained ten cents of land. In support of the document, he has produced Ext.P4 order whereby permission was granted to the 6^th respondent under Rule 31 of the Rules to alienate the property. The 1^st respondent ultimately found that Ext.P4 order cannot sustain as Rule 31 was omitted as per GO(P) No.794/89/RD dated 12.12.1989 thereby the transfer of land and deed itself are illegal and liable to be cancelled.

5. The Sub Collector has gone to the history of the case and found that the father of respondents 6 and 7 Sri.Joseph Kuruvila Eluvumkal obtained patta for the land in Re.Sy.No.204/3 and 204/4 in Block No.46 of Kanjikuzhi Village. He was in possession of the said land till his death. It was also found, his youngest daughter Jancy, the 7^th respondent herein did not get any land as per the deeds though she is a traditional occupant of one acre of land. Respondents 6 and 7 are the absolute owners of the whole extent of land occupied by their father. The 1^st respondent went on with a finding that the 6^th respondent was mentally challenged and has undergone treatment at Nirmala Bhavan Charitable Society, Nilambur, Malappuram. She was not in a position to get into any contracts as per Section 12 of the Indian Contract Act, 1872. The 6^th respondent Mary initially transferred ten cents to Sri.Jose Panamthanam as per sale deed No.1920/96. Later he transferred it to Mr.Baiju M.B - the predecessor-in-interest of the petitioner, and lastly to the petitioner, who is in possession of the land along with the building in it currently. The 1^st respondent also found that the order of Revenue Divisional Officer cannot stand, hence, all the transfers were illegal and was liable to be cancelled as per the Act and gave directions to the Village Officer to restore the land admeasuring ten cents in Sy.No.204/4 in Block No.46 of Kanjikuzhi Village from the p