IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
MATHEW – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
| Table of Content |
|---|
| 1. challenge to rejection of property transfer appeal. (Para 1 , 2) |
| 2. court emphasizes on jurisdictional considerations. (Para 3) |
| 3. reconsideration of appeals directed. (Para 4 , 5) |
J U D G M E N T
The petitioners have approached this Court, seeking to challenge Ext.P5 order issued by the District Collector, rejecting an appeal filed against Ext.P3 order issued by the 2nd respondent herein.
2. The 1st petitioner states that he purchased 45 cents of property and the 2nd petitioner purchased an extent of 10 cents from the husband of the 3rd respondent on 31.03.1986, pursuant to Exts.P1 and P2 sale deeds. According to the petitioners, they were utilising the afore properties from 1986 onwards for conducting a hollow brick manufacturing unit. On the basis of an application filed under the provisions of Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act , 1999 (hereinafter referred to as ‘the Act’), by the assignor of the properties as above, the 2nd respondent issued the order at Ext.P3 dated 30.06.2010, directing the sale effected as above to the petitioners herein as hit by the provisions of the Act. Though the petitioners have preferre
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