IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 959 of 2005(L) ---------------------------------- PETITIONERS: ------------------ 1. S.SUBRAMANI, S/O. SHANMUGHAN, AGED 55 YEARS, NADAYAR SOUTH DIVISION, NALATHANNI, MUNNAR P.O. 2. RAJENDRAN, S/O. KARUPPASWAMY, NADAYAR, SOUTH, NALATHANNI, MUNNAR P.O. 3. PANEER, S/O. KARUPPUSWAMY, NADAYAR, SOUTH, NALATHANNI, MUNNAR P.O. 4. SELVAMANI P., S/O. PERUMAL, NADAYAR, SOUTH, NALATHANNI, MUNNAR P.O. 5. VELU, S/O. MASANAM, NADAYAR, SOUTH, NALATHANNI, MUNNAR P.O. 6. SOSALAIMANI.S, S/O. SUBRAMANIAN, NADAYAR, SOUTH, NALATHANNI, MUNNAR P.O. BY ADV. SRI.ROY THOMAS SRI.N.M.VARGHESE SMT.MINI.V.A. RESPONDENTS: ----------------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY, REVENUE (R) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. 4. DIVISIONAL FOREST OFFICER, DEVIKULAM IDUKKI DISTRICT. W.P.(C).959/2005-L * ADDL. R5. IS IMPLEADED ADDL. R5. R.KANAKAMANI THAMPURATTY, POONJAR KOVILAKOM, W/O.P.SUNDAR RAJAN, AGED 57, 41/612, ST. MARTIN CHURCH ROAD, PALARIVATTOM, KOCHI-682 025, KERALA. * ADDL. R5 IS IMPLEADED AS PER ORDER DATED 20/05/05 IN I.A.6596/05. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW – R1 TO 4 ADV. SRI.T.D.SALIM FOR ADDLR5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).959/2005-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF SURVEY PLAN PREPARED BY THE VILLAGE OFFICER, DEVIKULAM DATED 08/06/2001 SHOWING THE RESPECTIVE PLOTS OF THE PETITIONERS. EXT.P2: COPY OF THE JUDGMENT DATED 03/06/2003 PASSED BY THIS HON'BLE COURT IN O.P. NO.14845/2003. EXT.P3: COPY OF REPRESENTATION DATED 10/04/2003 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT WHICH WAS DIRECTED TO BE DISPOSED OF IN EXT.P2 JUDGMENT OF THIS HON'BLE COURT. EXT.P4: COPY OF THE ORDER NO.B1-12287/2003 (11) DATED 02/10/2003 PASSED BY THE 3RD RESPONDENT. EXT.P5: COPY OF MEMORANDUM OF APPEAL DATED 07/08/2004 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE ORDER NO.C2-28549/2004 L. DIS DATED 29/09/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE ORDER NO. C2-30436/2003 L. DIS. DATED 04/11/2003 ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE RECEIPT NO.1008/2004 DATED NIL. EXT.P9: COPY OF THE G.O.(MS).NO.379/80/Rd. DATED 18/04/1980, ISSUED BY THE 3RD RESPONDENT. EXT.P10: COPY OF INTERIM ORDER IN W.P.(C). NO.9131/2004 DATED 17/03/2004 OF THIS HON'BLE COURT. EXT.P11: COPY OF INTERIM ORDER IN W.P.(C). NO.9131/2004 DATED 29/03/2004 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF ORDER OF THE LEARNED MUNSIFF IN I.A. NO.347 OF 2005 IN C.S. NO.37 OF 2005 DATED 25/02/2003. EXT.R6(b): COPY OF THE ORDER OF THE HON'BLE COURT IN W.P.(C).8682/2005 DATED 29/03/2005. EXT.R6(c): ORDER NO.G.O.(Rt)3611/03/RD DATED 17/11/2003 OF THE GOVT. OF KERALA TO APPOINT A VIGILANCE COMMITTEE. // TRUE COPY // Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.959 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Call for the records from the respondents leading to Ext.P9 Government Order and issue a writ of certiorari to quash the same. (ii) Call for Exts.P4, P6 and P7 order from the 2nd and 3rd respondents and issue a writ of certiorari to quash the same. (iii) Issue a writ of mandamus directing the respondents not to dispossess/evict the petitioner from their agricultural land comprised in Sy.No.68/10 of Kannan Devan Hills Village and covered by Ext.P1 survey plan. (iv) Issue a writ declaring that the land resumed by the Govt. under Kannan Devan Hills (Resumption of Land) Act, 1971, cannot be transferred to any department of the Govt. including the forest department, in view of the Preamble and the proviso under Section 9 of the said act as well as the opinion of the Hon'ble Supreme Court of India expressed in the judgment reported 1972 KLT 377 (SC). (v) Issue a writ of mandamus directing the respondents 1 and 2 to consider and pass orders on applications of the petitioners submitted vide Ext.P8 like documents in the light of Section 9 of the Kannan Devan Hills (Resumption of Lands) Act 1971 after notice enquiry and hearing in accordance with law.” In case no orders have been passed on the applications filed by the petitioners, there will be a direction to the second respondent to pass appropriate orders thereon in accordance with notice to the petitioners and the additional 5th respondent, within a period OP NO.959/2005 2 of four months from the date of production of a copy of the judgment. The interim order passed by this court on 11.1.2005 will continue till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.959 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.