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july 2009

Supreme Court of India · 2009-07-21

M. Mohan Kumar vs P. Nalla Thampy Thera & Anr

Court
Supreme Court of India
Petitioner
M. Mohan Kumar
Respondent
P. Nalla Thampy Thera & Anr
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the effect of a writ of mandamus issued by a High Court directing the implementation of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975, in light of subsequent legislation that altered beneficiaries' rights. The Court emphasized that the High Court's directions must be complied with, and the State's failure to implement the Act within the stipulated time was noted. The Court upheld the High Court's order for the State to ensure timely disposal of applications under the Act, reinforcing the principle that legislative intent must be honored despite subsequent changes in law.

M. Mohan Kumar vs P. Nalla Thampy Thera & Anr · Niyam