IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 16166 of 2004(Y) -------------------------------------- PETITIONERS: ------------------ -- 1. DURAI RAJ, S/O. DEVARAJ, AGED 56 YEARS, SOUTH DIVISION, CHOKKANADU, MUNNAR P.O. 2. SHANMUGHAIAH, S/O. MADAN, AGED 52 YEARS, SOUTH DIVISION, CHOKKANADU, MUNNAR P.O. 3. MADASWAMY, S/O. SHANMUGHAM, AGED 49 YEARS, SOUTH DIVISION, CHOKKANADU, MUNNAR P.O. 4. CHELLADURAI, S/O. SHANMUGHAM, AGED 44 YEARS, SOUTH DIVISION, CHOKKANADU, MUNNAR P.O. 5. DURAI, S/O. MADAN, AGED 34 YEARS, SOUTH DIVISION, CHOKKANADU, MUNNAR P.O. 6. PHILIP RAJ, S/O. DURAI RAJ, AGED 31 YEARS, CHOKKANADU SOUTH, MUNNAR P.O. 7. KALLYANASUNDARAM, S/O. NATARAJAN, AGED 31 YEARS, KADUGUMUDI, TALAYAR. 8. RAJAN, S/O. SHANMUGHAIAH, AGED 28 YEARS, CHOKKANADU SOUTH, MUNNAR. BY ADV. SRI.N.M.VARGHESE SRI.DENIZEN KOMATH W.P.(C0 NO.16166/2004 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. THE DIVISIONAL FOREST OFFICER, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16166/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SURVEY PLAN PREPARED BY THE TAHSILDAR, DEVIKULAM DT. NIL. EXT.P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE MINISTER, DEPARTMENT OF REVENUE. EXT.P3:- COPY OF THE POSSESSION CERTIFICATE NO.1094/02 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE IST PETITIONER. EXT.P4:- COPY OF THE POSSESSION CERTIFICATE NO.1089/02 DT. 11.2.02 ISSUED BY VILLAGE OFFICER, IN THE NAME OF THE 2ND PETITIONER. EXT.P5:- COPY OF THE POSSESSION CERTIFICATE NO.1090/00 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER, IN THE NAME OF THE 3RD PETITIONER. EXT.P6:- COPY OF THE POSSESSION CERTIFICATE NO.109/02 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER, IN THE NAME OF THE 4TH PETITIONER. EXT.P7:- COPY OF THE POSSESSION CERTIFICATE NO.1087/02 DT. 11.2.02 ISSUED BY the VILLAGE OFFICER, IN THE NAME OF THE 5TH PETITIONER. EXT.P8:- COPY OF THE POSSESSION CERTIFICATE NO.1093/02 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER, IN THE NAME OF THE 6HT PETITIONER. EXT.P9:- COPY OF THE POSSESSION CERTIFICATE NO.1091/02 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER, IN THE NAME OF THE 7TH PETITIONER. EXT.P10:- COPY OF THE POSSESSION CERTIFICATE NO.1088/02 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE 8TH PETITIONER. EXT.P11:- COPY OF THE CULTIVATION OF THE PETITIONERS RESIDENCE. EXT.P11(a):- COPY OF THE PETITIONERS SETTLEMENT IN THE 2002. EXT.P12:- COPY OF THE COMPLAINT SUBMITTED BY THE PETITIOENRS BEFORE THE 2ND RESPONDENT. EXT.P13:- COPY OF THE MEMO NO.17647/04/C3/L.DIS DT. 21.5.04. EXT.P14:- COPY OF THE SHOWING SCENE OF DESTRUCTION MADE BY THE MEN UNDER THE 4TH RESPONDENT. EXT.P15:- COPY OF THE SHOWING SCENE OF DESTRUCTION MADE BY THE MEN UN DER THE 4TH RESPONDENT. EXT.P16:- COPY OF THE ORDER G.O.(MS) 379/80/RD DT. 18.4.1980 ISSUED BY IST RESPONDENT. W.P.(C) NO.16166/2004 EXT.P17:- COPY OF THE INTERIM ORDER IN WPC. NO.9131/2004 DT. 17.3.04. EXT.P18:- COPY OF THE ORDER DT. 29.3.04 IN WPC. NO.9131/04. RESPONDENT'S EXHIBITS EXT.R4(a):- COPY OF THE RELEVANT ANNEXURE PERTAINING TO THE AREA IN QUESTION APPENDED TO THE ACT. EXT.R4(b):- COPY OF THE RELEVANT PAGES OF REPORT SUBMITTED BY THE COMMITTEE APPOINTED BY THE GOERNMENT UNDER THE ACT. EXT.R4(c):- COPY OF THE REPORT OF THE COMMITTEE IN PAGE NO.88 REGARDING THE NATURE OF T.U.V. AND Y BLOCKS IN WHICH THE YS. NO.179/2 IS ALSO INCLUDED. EXT.R4(d):- COPY OF THE RELEVANT PAGE OF THE NOTIFICATION BY WHICH SY. NO.179/2 ALONG WITH OTHERS HAS BEEN SHOWN AS VESTED. EXT.R4(e):- COPY OF THE GOVERNMENT ORDER NO.GO(MS)379/80/RD DT. 18.4.1980. EXT.R4(f):- COPY OF THE RELEVANT PAGES OF REPORT SUBMTTED BY THE EXPERT COMMITTEE APPOINTED BY THE SUPREME COURT. EXT.R4(g):- COPY OF THE PROCEEDINGS NO.C2-40384/99 DT. 16.8.01. EXT.R4(h):- COPY OF THE ORDER OF THIS HONOURABLE COURT IN WPC. 16393/04, DT. 7.10.04. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.16166 of 2004 ---------------------------------------------- Dated 24th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “ Issue a writ of mandamus directing the respondents not to dispossess/evict the petitioners from their agricultural land comprised in survey No.179 part etc. of Kannan Devan Hills Village and covered by Ext.P1 report and Exts.P3 to P10.” It is seen that Exts.P2 and P12 representations are pending before the second respondent. There will be a direction to the second respondent to take appropriate action on those representations in accordance with law with notice to the petitioners, expeditiously. The interim order passed by this court will continue till action as above is taken. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.16166 of 2004 ---------------------------------------------- J U D G M E N T Dated 24th September, 2008.