IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 40329 of 2003(A) -------------------------- PETITIONER(S): --------------- 1. CHAKRATHAI, W/O.LATE KANTHSWAMI MUTHURAN, AGED 55 YEARS, CHOKRAMUDIKKUDY, TRIBAL SETTLEMENT, BISON VALLEY VILLAGE, IDUKKI DISTRICT. 2. CHELLAPANDIAN, S/O.LATE KANTHSWAMI MUTHURAN, AGED 34 YEARS, CHOKRAMUDIKKUDY, TRIBAL SETTLEMENT, BISON VALLEY VILLAGE, IDUKKI DISTRICT. 3. MUTHUSWAMI, S/O.LATE KANTHASWAMI MUTHURAN, AGED31 YEARS, CHOKRAMUDIKKUDY, TRIBALYE SETTLEMENT, BISON VALLEY VILLAGE, IDUKKI DISTRICT. 4. RAMAKRISHNAN, S/O.LATE KANTHASWAMI MUTHURAN, AGED 25 YEARS, CHOKRAMUDIKKUDY, TRIBAL SETTLEMENT, BISON VALLEY VILLAGE, IDUKKI DISTRICT. 5. ELSAMMA, D/O.LATE KANTHSWAMI MUTHURAN, AGED 25 YEARS, CHOKRAMUDIKKUDY, TRIBAL SETTLEMENT, BISON VALLEY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.MATHEW SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REP. BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT COLLECTORATE, IDUKKI. 3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 4. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOCOPY OF THE TRANSFER DEED DATED 30.4.1977 EXECUTED BY LAKSHMANAMUTHUVAN IN FAVOUR OF KANTHASWAMY MUTHUVAN. EXT.P2 PHOTOCOPY OF FIELD REGISTER OF THE LAND OF THE PETITIONERS NO. C2-5/2002 ISSUED BY THE TECHNICAL ASSISTANT, SURVEY AND LAND RECORDS. EXT.P3 PHOTOCOPY OF RESURVEY OF THE SKETCH OF THE PROPERTY. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 17.11.2003 SUBMITTED BY THE PETITIONERS BEFORE THE 1 & 2 RESPONDENTS. EXT.P5 TRUE COPY OF THE ACKNOWLEDGEMENT DUE CARD SHOWING RECEIPT OF EXT.P4 REPRESENTATION BY THE CHIEF SECRETARY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 40329 OF 2003 -------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT W.P.C. is filed by the petitioners apprehending that their land is likely to be taken over for distribution among landless Tribals. According to the petitioners, petitioners also being Tribals are entitled to assignment and when assignment is made land held in their possession should be assigned to them. Even though petitioners' claim is quite reasonable, Government Pleader submitted that the land claimed by the petitioners is nothing but forest land held by the forest department. In view of the counter affidavit filed by the State about the factual position, I do not think this Court can issue any direction to the revenue authorities to assign land held by th forest department. However, I make it clear that as and when assignment takes place it is for the petitioners to prove before the assigning authority the land in their possession, cultivation and enjoyment so that such authority will consider assignment of land held by the petitioners who are enjoying it. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2