IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16309 of 2007(S) ------------------------------------- PETITIONER: ------------------- THOMASKUTTY, S/O ABRAHAM, AGED 35 YEARS, MOOZHIKUZHIYIL HOUSE, AKAMPADOM, ERANJIMANGAD P.O, MALAPPURAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS & WILD LIFE, THIRUVANANTHAPURAM. 2. DIVISIONA FOREST OFFICER, NILAMBUR. 3. DISTRICT COLLECTOR, MALAPPURAM. BY ADDL.ADVOCATE GENERAL SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16309 OF 2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NEWS REPORT DATED 14.10.06 PUBLISHED IN MALAYALA MANORAMA DAILY WITH TRANSLATION EXT.P2 TRUE COPY OF THE NOTIFICATION EXT.P3 TRUE PHOTOGRAPHS OF THE AREA RESPONDENTS' EXHIBITS: EXT.R2(A) TRUE COPY OF G.O.(MS) NO.326/78/AD DATEWD 14.12.1978 EXT.R2(B) TRUE COPY OF LETTER NO.K.DIS 58962/1991/94 DATED 12.1.1995 / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.16309 of 2007 ------------------------------------------ Dated, this the 15th day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed seeking eviction of the encroachers from the Government vested forest lands at Perakamana, Edavanna and Oomgattiry villages in Manjery Taluk totally measuring around 878.25 hectors and also to assign the lands to the landless people. In pursuance of the notice issued, the respondents - State, represented by the Additional Advocate General, have filed counter affidavit explaining the present position as well as the problems. It is stated that Government has taken strong measures to evict all encroachers from Government land and that steps are being taken to prevent further encroachment and in this regard as Revenue Department and Survey Department have launched joint physical verification by measurement and survey in consultation with the Forest Department to find out the W.P.(C) No.16309 of 2007 - 2 - other encroachers apart from the one which have already been identified and it would require about six months time to complete the survey and take effective measures. 2. Considering the extent of work required to be done in collaboration with the three departments, we deem it proper to grant six months time to the Government and the concerned departments to complete the survey and to fix the boundaries of the encroached portions by unauthorised occupants and to take steps to evict encroachers, if any. Ordered accordingly. Writ petition is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/vku