STATE OF KERALA AND ANOTHER

v.

PEOPLES UNION FOR CIVIL LIBERTIES, KERALA STATE

UNIT AND OTHERS

(Civil Appeal Nos. 104-105 of 2001)

JULY 21, 2009

[S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.]

The Judgment of the Court was delivered by

S.B. SINHA, J.

ISSUE

1. Effect of a writ of or in the nature of mandamus issued by a

High Court directing implementation of an enactment vis-à-vis a

subsequent legislation altering or modifying the right of the

beneficiaries under the former Act, inter alia, is the question

involved in these appeals.

They arise out of a judgment and order dated 24th August,

2000 passed by a Division Bench of the High Court of Kerala at

Ernakulam.

BACKGROUND FACTS

2. The State of Kerala enacted the Kerala Scheduled Tribes

(Restriction on Transfer of Lands and Restoration of Alienated

Lands) Act, 1975 (Act No.31 of 1975) (for short ‘the 1975 Act’) with

the object of providing restriction on transfer of land by Members of

Scheduled Tribes in the State of Kerala and for restoration of

possession of lands alienated by such members and for matters

connected therewith.

The said Act received the assent of the President of India. It

was includ