IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 OP.No. 8886 of 1999(G) ---------------------- PETITIONER: ------------ NATURE LOVERS' MOVEMENT, THIRUVANKULAM (REG. NO.ER 459/93), REP. BY ITS SECRETARY, M.R.SETHUMADHAVAN, S/O.MANAPAT RAMAN NAIR, AGED 32 YEARS, MANAPPATT HOUSE, MUVATTUPUZHA ROAD, THIRUVANKULAM. BY ADV. SMT.DAISY THAMPI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. CUSTODIAN & CONSERVATOR OF VESTED FORESTS, KOZHIKKODE. 3. MINISTRY OF ENVIRONMENT & FORESTS, REP. BY ITS SECRETARY. 4. SREE KALLEKULANGARA EMOOR BHAGAVATHY TEMPLE, AKATHETHARA, REP. BY ITS MANAGING TRUSTEE. 5. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, TRIVANDRUM. 6. CENTRAL BUREAU OF INVESTIGATION, NEW DELHI, REP. BY ITS DIRECTOR, C.G.O. COMPLEX, NEW DELHI - 3. *7. THE DISTRICT COLLECTOR, PALAKKAD. (* SUO MOTU IMPLEADED AS ADDITIONAL 7TH RESPONDENT AS PER ORDER DATED 04/03/2008) R1, 2 &5 BY SHRI.RANJITH THAMPAN, GOVERNMENT PLEADER R4 BY SHRI.MOHAN C.MENON, THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.8886/1999 ORDER ON CMP NO.14802/1999 IN OP NO.8886/1999 DISMISSED. SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) 03/06/2008 SD/- (V.K.MOHANAN, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PARTICULARS REGARDING CANCELLATION OF LEASE OF FOREST LANDS FOR RUBBER CULTIVATION ISSUED BY THE SECRETARY, BOARD OF REVENUE. P2 : COPY OF LETTER NO.89490/P2/87/RD DATED 20/01/1988 ISSUED BY REVENUE (P) DEPARTMENT TO THE CHIEF CONSERVATOR OF FORESTS. P3 : COPY OF NOTIFICATION NO.D-1383/77 DATED 12/08/1987 ISSUED BY R2. P4 : COPY OF NOTIFICATION DATED 30/11/92 ISSUED BY 2ND RESPONDENT. P5 : COPY OF REPORT OF ASSURANCE COMMITTEE DATED 27/01/1993. P6 : COPY OF LETTER NO.2371/97 DATED 15/02/1997 ISSUED BY PRINCIPAL CHIEF CONSERVATOR OF FORESTS TO R2. P7 : COPY OF NOTIFICATION NO.1383/77 DATED 10/10/77 ISSUED BY R2. P8 : COPY OF AGREEMENT ENTERED INTO BETWEEN ONE OF THE LESSEES OF MOOPIL NAYAR AND MATHEW ALEXANDER DATED 29/07/78. P9 : COPY OF MEMO OF CHARGES FRAMED AGAINST A.J.THOMMAN, SPECIAL VILLAGE OFFICER DATED 26/11/86. P10 : COPY OF LETTER ISSUED BY FOREST AND WILD LIFE DEPARTMENT TO THE CHIEF CONSERVATOR OF FORESTS. P11 : COPY OF LETTER DATED 29/04/87 ISSUED BY USTODIAN OF VESTED FORESTS TO THE DIVISIONAL FOREST OFFICER, PALAKKAD. P12 : COPY OF LETTER DATED 15/05/87 ISSUED BY R2 TO THE DIVISIONAL FOREST OFFICER (S), PALGHAT. P13 : COPY OF NEWS ITEM PUBLISHED IN MADHYAMAM DAILY ON 21/09/1998 WITH REGARD TO THE DEFORESTATION ACTIVITIES IN KALLAMALA IN ATTEPPADY VILLAGE. P14 : COPY OF NEWS ITEM REPORTED IN MANORAMA DAILY DATED 07/12/1998. P15 : COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION NO.16662/LEG.B2/86 DATED 01/12/1986. P16 : COPY OF THE REPORT SUBMITTED BY ASSURANCE COMMITTEE, BEFORE THE LEGISLATIVE ASSEMBLY ON 02/08/1994. OP NO.8886/1999 RESPONDENT'S EXHIBITS ANNEXURE R7(a) : COPY OF THE MINUTES OF THE MEETING HELD BY DISTRICT COLLECTOR, PALAKKAD. ANNEXURE R7(a)1 : COPY OF THE REPORT OF THE DIVISIONAL FOREST OFFICER, PALAKKAD DATED 13/05/2008. ANNEXURE R7(b) : COPY OF REPORT OF THE ASST.COMMISSIONER, H.R.& C.E., PALAKKAD DATED 12/05/2008. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- O.P. No. 8886 of 1999 --------------------------------- Dated, this the 3rd day of June, 2008 J U D G M E N T Ramachandran Nair, J. Petitioner is a voluntary organisation, which has filed this original petition for direction to the Government and its agencies to recover the properties of 4th respondent Devaswom encroached upon by various persons. In order to ascertain the position, we called for a report from the District Collector and he has filed a final report in this Court. It is clear from the report that around 1000 acres of land is illegally occupied by various persons named in the report. The said land comprises of the land leased by 4th respondent Devaswom and also Forest land encroached and cultivated by parties. The persons in possession and enjoyment of the properties, are not respondents in the original petition. However, since we do not propose to pass any orders against them, we proceed to dispose of the original petition without impleading the persons in possession and enjoyment of the properties referred to in the Collector's report. It is the duty of the Government and it's agencies to restore Government properties encroached upon by others by following the legal procedures established. So far as the Devaswom properties O.P.No.8886/1999 -2- are concerned, it is entitled to invoke Section 94A of the Hindu Religion and Charitable Endowments Act and request the authorities under the Land Conservancy Act to pass orders to restore the properties to them. So far as the Government land is concerned, Government is always entitled to proceed for recovery in accordance with the Land Conservancy Act. It is not known whether any land covered by the Collector's report is vested in Government by operation of the Kerala Private Forests (Vesting or Assignment) Act or notified under the Kerala Forest (Vesting and Management of Ecologically fragile lands) Act. Those who have obtained title through orders of the Forest Tribunal are entitle to retain the property. In other words, if any of the land owners have obtained orders from the Forest Tribunal declaring their title, they are entitled to enjoy the benefit of such orders. This original petition is, therefore, disposed of directing the District Collector to initiate proceedings under the Land Conservancy Act or under any other appropriate law and take immediate steps for restoration of the Government land to the Forest or to the Revenue Department. On the application under Section 94A to be filed by the Devaswom, it's lands should be restored to the extent possible. No orders O.P.No.8886/1999 -3- should be passed without issuing notice to the concerned parties and without hearing them and orders should be passed strictly in accordance with the procedure prescribed under the Land Conservancy Act and such other laws, based on which the Collector takes action. In any case, the District Collector is directed to take initiative and complete the proceedings for restoration of eligible properties to the Government or to the Devaswom, within a period of six months from today. Petitioner and 4th respondent will produce copy of the judgment before the District Collector and they are also free to furnish further data, besides those gathered by the District Collector, to enable the District Collector to take effective action. If action is not taken within the time frame as above, petitioner or respondents or any other person, are free to bring the same to the notice of this Court to take contempt of court action against the District Collector. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg