IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WA.No.348 of 2008 -------------------------------------- AGAINST THE JUDGEMENT IN WPC.31915/2007 Dated 19/11/2007 .................... APPELLANTS/PETITIONERS 1 AND 2:- --------------------------------------------------- 1. NATIONAL ADIVASI FEDERATION (REG. NO.ER-354/03), VENKATT CHRIAKKAL, PALLURUTHY P.O., KOCHI-6, REPRESENTED BY ITS PRESIDENT P.I.BHASKARAN, AGED 75 YEARS, S/O.KADUTHA, PUTHENPARAMBIL HOUSE, KAIPPILLY P.O., POONJAR SOUTH, KOTTAYAM DISTRICT. 2. V.N.BALAN, 42 YEARS, S/O.NARAYANAN, VAZHAKANDI HOUSE, THORANI MALA, SULTHAN BATHERY VIA, WYNAD DISTRICT. BY ADV. SRI.O.V.RADHAKRISHNAN (SR.) SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS/ RESPONDENTS:- ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WYNAD, CIVIL STATION, COLLECTORATE, KALPETTA, WYNAD DISTRICT. 3. THE TAHSILDAR, SULTHAN BATHERY TALUK, TALUK OFFICE, SULTHAN BATHERY, WYNAD DISTRICT. W.A.No.348/2008 -2- 4. M.V.SREYAMS KUMAR, MLA, AGED 40 YEARS, S/O.M.P.VEERENDRAKUMAR, M.P., KRISHNAGIRI ESTATE, KALPETTA NORTH P.O., WYNAD DISTRICT. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.348 of 2008 ------------------------------------------------------- Dated, this the 15th day of February, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.31915 of 2007 dated 19-11-2007. (2). The petitioner No.1 is an association. Petitioners 2 to 4 are the members. The association is striving to protect the interest of the Scheduled Caste community. (3). The association and its members were before this Court for a direction to the respondents to assign in their favour the Revenue puramboke land. In the petition, it is stated that, by Ext.P4 proceedings, the District Collector has recommended that the property in the possession of the 4th respondent could be re-possessed for the purpose of distribution to Adivasi people. It is further stated that the respondents are not taking effective steps to re-possess the land and to distribute the same to the Adivasi people. (4). After service of notice to the respondents, they have entered appearance through Government Pleader, who, in turn, had made a statement before the learned Single Judge that the Government is taking steps to re-possess the land in question and to distribute it to the Adivasi people. They had also stated that, in view of the pendency of the civil suit wherein an order of injunction is granted, they are not in a position to immediately take possession of the land in question. Taking note of the W.A.No.348/2008 -2- statement made by the learned Government Pleader on instruction, the learned Single Judge has disposed of the writ petition. Aggrieved by the said order, the petitioner's association is before us in their appeal. (5). The only prayer sought for by the petitioners is to take possession of the land which is in the possession of the 4th respondent and to distribute it to the Adivasi people at the earliest. (6). Respondents are taking effective steps, but in view of the injunction order that is passed by the competent civil Court, they are not in a position to re-possess the land from the 4th respondent. (6). At this stage, the only order that we can pass is to direct the respondents 1 to 3 to take effective steps to re-possess the land from the 4th respondent, if he is in illegal possession and to distribute the same to the Adivasi people at the earliest. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS/DK.