IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 21514 of 2010(L) -------------------------- PETITIONER(S): --------------- SHRI BASIL M PAUL, S/O.PAULOSE, AGED 30 YEARS, MOOSAPPILLIL, CEMENT PALAM, SINGH KANDAM P.O., SOORYANALLI, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, UDUMPANCHOLA TALUK, TALUK OFFICE, NEDUMKANDAM. 4. THE VILLAGE OFFICER, CHINNAKKANAL VILLAGE, CHINNAKKANAL, IDUKKI DISTRICT. 5. THE SUB INSPECTOR OF POLICE, SANTHAMPARA POLICE STATION, IDUKKI DISTRICT. SPECIAL GOVT. PLEADER SHRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.21514 of 2010 ================== Dated this the 3rd day of August, 2010 J U D G M E N T The petitioner claims to be in possession of certain properties. Now the petitioner apprehends proceedings under the Land Conservancy Act for evicting the petitioner from that land. According to the petitioner, the petitioner has filed an application for assignment of the land, which has not yet been considered. The petitioner, therefore, seeks the following reliefs; “(i) Call for the entire records from the respondents pertaining to the assignment process in the light of Exhibits P2, P4, P5 and P6 pending proceedings before the 2nd and 3rd respondents. (ii) Issue a writ of mandamus directing the respondents 1 to 3 to conduct enquiries as provided in the Kerala Land Conservancy Act and Land Assignment Act in the light of pending proceedings vide Exhibits P2, P4, P5 and P6 which would necessarily follow notice and personal hearing to which the petitioner would always co-operate, rather than entrusting the 5th respondent within an arbitrary unsustainable power. (iii) Call for the original of Ext.P7 from the 3rd respondent and issue a writ of certiorari to quash the same.” 2. I directed the learned Government Pleader to get instructions in the matter. Now the learned Government Pleader produces before me a letter received by the Advocate General from the Tahsildar, Udumpanchola, which reads thus: “Kind attention is invited to the reference cited. I am furnishing the instructions in the above case for defending the case on behalf of the respondents. Sri.Basil M.Paul, Moosappillil is an encroacher in the Government land leased to Hindustan Newsprint Limited from the Kerala Forest & Wild life Department in Chinnakkanal Village. The land is actually Revenue land which is handed over to Forest Department for preservation. Subsequent to Captive Plantation Agreement entered into between the w.p.c.21514/10 2 Kerala State and Hindustan Newsprint Limited, the land in question was leased out to HNL by the Forest Department for planting Eucalyptus to meet their requirement of the same for the production of Newsprint. The lease agreement is still in force. Encroachments in small and large extents occurred in the HNL land from time to time and evictions were also carried out. Now also, there are many encroachers in the land and attempts to evict one of the encroachers has resulted in W.P.(C). No. 4301/2008 before the Hon'ble High Court, which is still pending for final verdict. The circumstances led to the instant case is as follows: The Government of Kerala vide letter No.62942/A2/ 2009/RD dated 03.12.2009 had issued strict directions to evict unauthorised encroachments in HNL land and the Village Officer of Chyinnakanal was directed to report all cases of encroachments in HNL land. Accordingly, the Village Officer, vide report No.622/2009 dated 11.12.2009 has submitted the list of encroachers in the land. The petitioner is also listed as an encroacher. Since the Kerala Land Conservancy Act 1957 was amened in 2009 incorporating imprisonment and fine for offenders, on 19.01.2010, directions were issued to Sub Inspector of Police Santhanpara to register criminal cases against the offenders including the petitioner. It is known that the Crime Branch of Police has taken up the case and is in the stage of investigation. A special squad of Revenue and Survey officers was deployed to the area on 02.02.2010 for verification of the report of the Village Officer and reports indicating the encroachment was submitted by the squad leaders and further detailed verification was recommended. It is submitted that eviction of encroachments, in its confirmation, are to be dealt with by invoking provisions of the Kerala Land Conservancy Act 1957 as amended in 2009. For this, detailed survey of the land, submission of A Form Report by the Village Officer, issue of B Form (Hearing) notice, hearing, issue of Form C notice are mandatory and all these are still to be done. All the contentions raised by the petitioner will be considered and discussed in detail before issuing any final orders in the matter. If the petitioner is an applicant for assignment of the land, if he is eligible for assignment and if the land in question is found assignable, such steps that are required for assignment of the land will be taken. So far the only further step taken in this subject is that the Taluk Surveyor and Village Officer are directed to verify the land to ascertain whether there is actual encroachment. The instant Writ Petition is not maintainable since the proceedings under the Kerala Land Conservancy Act are only initiated. The petitioner can raise his objections in due course, and there are ample appellate remedies available before any eviction is carried out. It may be brought to the notice of the Hon'ble High Court that the w.p.c.21514/10 3 recent actions against encroachments are also in the light of strict directions of the Court in W.P.(C). 34095/2007 and W.P.(C).1801/2010 regarding widespread encroachments in Munnar. In the circumstances, it is requested to defend the Case on behalf of the respondents.” 3. I have considered the rival contentions in detail. 4. From the exhibits produced by the petitioner, it appears that the file referred to by the petitioner which allegedly contains the proceedings for assignment of the property in favour of the petitioner has not been traced by the respondents. They cannot even say whether there is such a file at all. As such, on the basis of the material produced before me by the petitioner, I cannot decide the matter either way. In the above circumstances, it is only appropriate that the 3rd respondent considers the matter in its entirety and passes orders either way in accordance with law. This shall be done, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment after affording an opportunity of being bead to the petitioner. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 3rd respondent for compliance. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.21514/10 4