IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 19702 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. MALLIKA W/O. PARAMESWARAN NAIR, KATTAKKAD, CHITTOOR P.O., AGALI, PALAKKAD. 2. MEGHANATHAN M, KATTAKKAD, CHITTOOR P.O., AGALI, PALAKKAD. 3. VYASAN M, KATTAKKAD, CHITTOOR P.O., AGALI, PALAKKAD. 4. BHRATHAN, S/O. PARAMESWARAN, KATTAKKAD ,CHITTOOR P.O., AGALI, PALAKKAD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE TAHSILDAR, MANNARKKAD, 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, SPECIAL DIVISION, PALAKKAD. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.HANIL KUMAR FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19702 of 2009 ---------------------------------------- Dated this the 18th day of August, 2009. JUDGMENT The petitioners are the legal heirs of one K.R.Parameswaran Nair, who is stated to have acquired a land having an extent of 10 acres in Survey No.2019 of Agaly Village from its original jenmi one Moopil Nair in the year 1960. Parameswaran Nair had obtained registration under the Cardamom Rules and is stated to have cultivated the property with Cardamom. He died on 30.4.2006. According to the petitioners, they belong to Hindu Mudukka community, which is recognised as a scheduled tribe. 2. The forest officials had trespassed into the property and tried to demarcate the same. The petitioners have objected to it and they claim that they are entitled to the protection under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. This writ W.P.(C).No.19702/09 :: 2 :: petition has been filed essentially praying for a direction to the respondents to take appropriate action to see that the rights of the petitioners as Scheduled Tribes, are recognised under the Act. 3. A detailed counter affidavit has been filed by the respondents. It is, inter alia, contended that the petitioners have no right to contend that they are the legal heirs of Parameswaran Niar and hence the disputed property shall be assigned to them. It is further contended that they are not Scheduled Tribes and they are not entitled to any benefits under the Scheduled Tribes Act of 2006. 4. It is further stated in the counter affidavit that the petitioners have not filed any application before the Grama Sabha or Panchayat raising a claim under the Act. If an application is filed, the Panchayat is bound to consider that on the basis of the advice of Forest Rights Committee. As the petitioners are not W.P.(C).No.19702/09 :: 3 :: entitled to the benefits under the said Act, the relief sought for in the petition cannot be granted, it is contended. 5. In the circumstances, learned counsel for the petitioner submits that the petitioners' contentions may be left open, with liberty to file an application before the Grama Sabha, as mentioned in the counter affidavit of the respondents. 6. The contentions of either parties are left open. The petitioners shall pursue their remedies before the Grama Sabha, as mentioned above. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge