IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 OP.No. 13893 of 2000(D) ----------------------- PETITIONERS: -------------------- 1. ULAHANNAN MATHAI, S/O. LATE SHRI. MATHAI MALIACKAL HOUSE, PLOT NO: 1228 50TH MILE, P.O. MANKULAM IDUKKI DIST. 2. SMT. THEYYAMMA, S/O. SHRI. JOSE ELAVUNKAL HOUSE PLOT NO: 1229, -DO- 3. MARY JOSEPH, W/O. LATE SHRI. JOSEPH VENGAPPARAYIL HOUSE, PLOT NO: 1210 50TH MILE, -DO- 4. JOSEPH THOMAS, NELLUVELIYIL HOUSE PLOT NO: 1222, -DO- 5. SUKUMARAN, KUPPELANICKAL HOUSE PLOT NO: 1215, -DO- BY ADV. SRI.K.BALACHANDRAN RESPONDENTS: ------------------------- 1. THE SECRETARY TO GOVT. REVENUE DEPT. GOVT. SECRETARIATE THIRUVANANTHAPURAM 2. THE DIST. COLLECTOR, IDUKKI DIST. 3. THE TAHSILDAR, DEVIKULAM TALUK, IDUKKI DIST. 4. THE VILLAGE OFFICER, MANKULAM VILLAGE IDUKKI DIST. BY GOVERNMENT PLEADER SHRI. SANDESH RAJA FOR R1TO4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ALONG WITH O.P32916/2000 ETC. ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO: 22505 OF 2000 IN O.P.NO: 13893 OF 2000 DISMISSED: 28/7/2008 SD/- P.N.RAVINDRAN, JUDGE APPENDIX IN O.P.13893/2000 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE PROFORMA REPORT SIGNED BY THE 4TH RESPONDENT ON THE APPLICATION SUBMITTED BY THE 1ST PETITIONER EXT.P2: -DO- OF THE PROFORMA REPORT SIGNED BY THE 4TH RESPONDENT ON THE APPLICATION SUBMITTED BY THE 2ND PETITIONER EXT.P3: -DO- OF THE PROFORMA REPORT SIGNED BY THE 4TH RESPONDENT ON THE APPLICATION SUBMITTED BY THE 3RD PETITIONER EXT.P4: -DO- BY THE 4TH PETITIONER EXT.P5: -DO- OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER EXT.P6: -DO- OF LIST OF ELIGIBLE PERSONS EXT.P6A: -DO- OF LIST OF ELIGIBLE PERSONS EXT.P7: -DO- OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS EXT.P8: -DO- OF JUDGMENT DT. 11.3.1998 IN O.P.NO: 3036 OF 1998 EXT.P9: -DO- OF REPRESENTATION SUBMITTED TO THE DIST. COLLECTOR EXT.P10: -DO- OF JUDGMENT IN O.P.NO: 15380/98 DT. 5.1.2000 EXT.P11: -DO- OF THE PROCEEDINGS OF THE DIST. COLLECTOR DT. 1.4.2000 EXT.P12: -DO- OF THE DECISION OF THE GOVT. TAKEN IN 1981 EXT.P13: -DO- OF THE ALLOTMENT LETTER RECEIVED BY THE 2ND PETITIONER EXT.P14: -DO- OF THE ALLOTMENT LETTERS RECEIVED BY THE 5TH PETITIONER jj /TRUE COPY/ P.A. TO JUDGE P.N.RAVINDRAN, J. -------------------------- O.P. Nos. 13893 & 32916/2000 AND 14872 OF 2001 -------------------------- Dated this the 28th July, 2008. JUDGMENT Since common questions arise in these original petitions they were heard together and are being disposed of by this common judgment. 2. The petitioners in all these cases are evictees from the Kannan Devan Hills in Devikulam Taluk in Idukki District. The dispute relates to their re-settlement after such eviction. A Division Bench of this Court has by judgment delivered on 13th March, 2008 in O.P. No: 24837/99 and connected cases taken note of the submissions made by the learned Advocate General with reference to the Government Order dated 16.5.2007 (SRO 421/2007) issued under Section 4 of the Kerala Forest Act, 1962 and disposed of the said original petitions with the observation that if the petitioners approach the Revenue Divisional Officer, Idukki, the said officer shall enquire into their claims and adjudicate upon the same and pass appropriate orders thereon. It was also directed O.P.NO: 13893/00 ETC. 2 that till such time status quo as on the date of judgment will continue. It was observed that if the petitioners therein are aggrieved by the orders that may be passed by the Revenue Divisional Officer, Idukki district, it will be open to them to approach this Court at that stage. 3. I have heard Shri. K. Balachandran, the learned counsel appearing for the petitioners and Shri. K. Sandesh Raja, the learned Govt. Pleader for the respondents. 4. After hearing the learned counsel on either side and on a perusal of the pleadings and the materials produced before me, I am of the considered opinion that the petitioners in these original petitions are also similarly situated. I therefore quash the orders impugned in these original petitions and direct that if the petitioners move the Revenue Divisional Officer, Idukki, the Settlement Officer appointed as per Government Order dated 16.5.2007, the said Officer shall enquire into their claims, adjudicate upon the same and pass separate orders disposing of their applications. Till such time, the status quo as on today shall continue. It is also clarified that if the petitioners are aggrieved by the orders that may be passed by the Revenue Divisional Officer, it O.P.NO: 13893/00 ETC. 3 will be open to them to challenge the same in other appropriate proceedings. The Original Petitions are disposed of as above. No costs. P.N.RAVINDRAN, JUDGE jj