IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34359 of 2011(T) ----------------------- PETITIONER : --------------------- RAMAKRISHNAN, S/O KUNJAN, RESIDING AT KAVALMARAVIL HOUSE, VELLAKKAYAM, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.J.GEORGE KUNNUMPURATH RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM, PIN- 695001. 2. THE DISTRICT COLLECTOR, IDUKKI, PAINAVU, IDUKKI DISTRICT, PIN- 685 603. 3. THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM- 686 691. 4. THE FOREST RANGE OFFICER, MULLARINGADU, PIN- 685 582. 5. THE REVENUE DIVISIONAL OFFICER, IDUKKI, PAINAVU, IDKKI, PIN- 685 603. R1 TO R5 BY GOVT. PLEADER SRI. JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 34359 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GIRIJANA VIKASANA PATHRIKA PREPARED ON 13/12/1985 FOR THE PETITIONER. EXT.P2 : COPY OF THE PRESENT RATION CARD NO. 1628037088 DATED 24-12-2008. EXT.P3 : COPY OF THE COMMUNITY CERTIFICATE NO. K.DIS 13059/05/F1 DATED 30/07/2005 ISSUED BY THE THODUPUZHA TAHZILDAR TO THE PETITIONER. EXT.P4 : COPY OF THE CERTIFICATE DATED 17/10/2011 GIVEN TO THE PETITIONER. EXT.P5 : COPY OF THE MINUTES OF THE FOREST RIGHTS COMMITTEE DATED 13/12/2010. EXT.P6 : COPY OF THE CLAIM PETITION SUBMITTED TO THE DISTRICT COLLECTOR DATED 13/12/2010. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No.34359 of 2011 ---------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Petitioner claims to be Schedule Tribes, entitled for the benefits under the Schedule Tribe Act and Other Traditional Forest Dwellers (Recognition of Forest rights) Act 2006. It is stated that to claim the benefit of Forest Rights, as per Section 3 of the Act, they made application to the Forest Rights Committee, which was forwarded to the District Collector, the Chairman of District Level Committee. Ext.P6 series are stated to be the application so made. Complaint in the writ petition is regarding the delay in the part of District Collector in taking appropriate action on Ext.P6. 2. Having heard counsel for the petitioner and also learned Govt. Pleader appearing for the respondents, I am satisfied that at this stage all that is required is that the District Collector should take appropriate action in the matter in terms of Rule 8 of Rules framed under the Act. W.P.C. No. 34359 OF 2011 -2- 3. This the District Collector shall do, as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment along with a copy of the writ petition. In the mean time, if as stated by the petitioner he is in possession of 2.5 acres of land in Vannappuram village, his enjoyment thereof shall not be disturbed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Kp/-