IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 8205 of 2005(B) ------------------------------------- PETITIONER: ------------------- THE CHERUMAD HINDU SMASANA SAMRAKSHNA SAMITHY, CHERUMAD P.O., NENMENI, WAYANAD DISTRICT, REPRESENTED BY ITS PRESIDENT, C.BALAKRISHNAN. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENTS: ------------------------ 1. YUVA PRATHIBA VAYANASALA, CHERUMAD, P.O.NENMENI, WAYANAD DISTRICT REP.BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, KALPETTA, WAYANAD DISTRICT. 3. THE NENMENI PANCHAYATH, WAYANAD DISTRICT, REP.BY ITS SECRETARY. 4. THE CIRCLE INSPECTOR OF POLICE, SULTHAN BATHERY, WAYANAD DISTRICT. BY GOVERNMENT PLEADER SMT. N SUDHADEVI, ADV. SMT.T.J.SEEMA, ADV. SRI.N.J.ANTONY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8205/2005-B: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE REPRESENTATION DTD. 06/01/2005 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.2: COPY OF THE REPRESENTATION DTD. 16/01/2005. EXT.P.3: COPY OF THE PETITION DTD 10/04/2007 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE NOTICE ISSUED BY THE DYFI WITH REGARD TO THE CONDUCT OF VOLLEYBALL FESTIVAL. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 8205 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2008 JUDGMENT Case of the petitioner in brief is as follows: Petitioner is Cherumad Hindu Smasana Samrakshna Samithy represented by its President. The objective of the samithy is to protect the cremation ground used by the Tribals of Cherumad Paniya Colony and Chetties residing in the nearby area as their burial ground. It is their case that on 18.12.2004 a group of persons in the locality unauthorisedly trespassed into the cremation ground and installed a board bearing the name of the 1st respondent. They cleared the undergrowth and put up a temporary shelter therein. It is stated that the trespass was made with political support. They filed a complaint before the Panchayat, the Secretary of which conducted a site inspection and recorded the trespass. They made representation again before the authorities. Ext.P1 is one such representation. Ext.P1 is dated 6.1.2005. The trespassers attempted to occupy more property. Ext.P2 representation was submitted. Petitioners have sought a mandamus to evict the unauthorised occupants and to take steps to ensure that the Cherumad burial ground is not trespassed, occupied or annexed by any outside agency for any purpose and to direct the fourth WPC. 8205/2005. 2 respondent to take steps to evict the first respondent and to command the Superintendent of Police to take appropriate legal action against the trespassers under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 2. Counter affidavit is filed inter alia stating as follows: Enquiry conducted in the matter revealed that the encroachment was on the burial ground at Cherumad in Cheeral Village covering a total extent of 1.4480 hectors as per records. The above land is marked as burial ground puramboke as per the new survey records. The land lies contiguous with bushes and plants. The burial ground is being used by the people belonging to Wayanadan Chetties and adivasies. Yuvaprathibha Gramin Vayanasala Club authorities have cleared the bushes and plants in an extent of 0.1210 hectors of land on the northern portion of the above burial ground and constructed a single room building with cement bricks and asbestos sheet on 25.12.2004. There are two factions and tension prevailed in the locality, it is stated. On the basis of the information regarding the encroachment on the Government land marked as burial ground, direction was issued to the Village Officer to book case under the Kerala Land Conservancy Act. The Village Officer has furnished A form report against the encroachment of 0.1210 hectors of Government land. It is stated that WPC. 8205/2005. 3 the encroachment was made for being used it as Volleyball court and for constructing a single room building. It is stated that meanwhile steps for settlement of the issue, which created tense situation, were initiated by the President of the Nenmeni Panchayat. It is stated that the understanding arrived at in the all party meeting was that the existing building constructed by the Yuvaprathibha Gramin Vayanasala is to be demolished and reconstructed at another portion. It is stated that another building is also situated in the land marked for burial ground near the newly constructed Club building and it is being used as Karshika Samrakshana Samithi Office, Cherumad. The construction was in 2001, and it is under the control of the Nenmeni panchayat. Here also A form for encroachment of 0.0085 hectors of Government land was also booked. The counter affidavit is filed on 21st May, 2005. 3. I heard learned counsel for the petitioner Sri.M.P.Ashok Kumar, learned counsel appearing for the fifth respondent and the learned Government Pleader. Sri. M.P.Ashok Kumar would submit that the burial ground is being encroached upon, and because there is support of political party, no effective action is taken. Learned Government Pleader on the other hand points out that cases have been booked under the Land Conservancy Act. WPC. 8205/2005. 4 4. The cases have been booked in the year 2005. Certainly three years have gone by after the filing of the writ petition. In such circumstances, the writ petition is disposed of as follows: The action taken already by the second respondent as stated in the counter affidavit shall be expedited and brought to a logical and legal culmination in accordance with law, if not already done, within a period of three months from the date of production of a copy of this judgment. The parties are to work out their remedies in respect of the action taken under the Act before the appropriate forum. It is open to the petitioner to approach the appropriate forum in regard to the complaint regarding the violation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. (K.M. JOSEPH, JUDGE) sb