IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 W.P.(C).No.29934 of 2007(S) --------------------------------------- PETITIONER:- -------------------- SREERAMAN KOYYON, ORGANIZING SECRETARY, ADIVASI GOTHRA SABHA, AGED 38 YEARS, S/O. KOTTAN, MUTTUKANDI P.O., PAYANGADI, KANNUR-670 303. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS:- ------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, KERALA STATE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE CHIEF, TRIBAL RESETTLEMENT & DEVELOPMENT MISSION (TRDM) CO-BANK TOWERS BUILDING, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.29934 OF 2007-S APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - PHOTO COPY OF THE JUDGMENT DATED 4.12.06 IN W.P.(C). 12859/06 OF THIS COURT. EXT.P2 - PHOTO COPY OF THE JUDGMENT PASSED BY THIS COURT IN W.P.(C).19408/07. EXT.P3 - PHOTO COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3(a) - TRUE COPY OF ENGLISH TRANSLATION OF EXT.P3. EXT.P4 - PHOTO COPY OF THE LIST OF ELIGIBLE ADIVASIS. EXT.P5 - PHOTO COPY OF THE LIST OF INELIGIBLE PERSONS WHO WERE INCLUDED IN THE FINAL LIST. RESPONDENT'S EXHIBITS:- ---------------------------------------- NIL. - TRUE COPY - H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.P.(C).No.29934 of 2007-S -------------------------------------------- Dated, this the 17th day of June, 2008 JUDGMENT H.L.Dattu,C.J. This public interest litigation is filed by an organisation known as “Adivasi Gothra Sabha”. They are spearheading the struggle for allotment of land to the landless tribals throughout the State of Kerala. 2. In this petition filed under Article 226 of the Constitution of India, the only relief that is sought by the petitioner is to direct the 2nd respondent, viz., the District Collector, Kannur, to include the names of 205 adivasi families who are excluded from the select list prepared for the distribution of Aralam Farm. The other prayers in the writ petition are consequential prayers. 3. The State Government has filed a detailed counter affidavit before us. In the counter affidavit, it is stated that they have constituted a Committee for the purpose of allotment of lands to the landless persons in Aralam Farm. They have also stated that the Committee is looking into the grievance of each one of the parties and they are deciding the issue whether the land should be allotted to the 205 adivasi families in the Aralam Farm or not. W.P.(C).No.29934 of 2007-S - 2 - 4. In this case, we cannot say that the State Government is keeping quite, closing their eyes to the difficulties pleaded by the adivasis. The Government is doing its level best to allot lands to the landless adivasis in the Aralam Farm. After going through the counter affidavit, we are of the opinion that in the interest of all parties, the petitioner herein, for and on behalf of those 205 adivasi families, can make an appropriate representation for allotment of land in Aralam Farm. If and when such a representation is filed by the organisation for and on behalf of the 205 adivasi families, the 2nd respondent/the Committee constituted by the State Government will look into the grievances pleaded therein and pass appropriate orders in accordance with law. We make it clear that we are not expressing any opinion on the merits of the petitioner's claim. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge