IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 OP.No.28463 of 2001(L) --------------------------- PETITIONER: -------------- 1. POULOSE MATHAI, KOCHUKUNNEL, MANKULAM P.O., VIRINJAPARA, IDUKKI DISTRICT. 2. ROY JOSEPH, THARAPPEL, MANKULAM P.O., VALIYAMPARA, IDUKKI DISTRICT. 3. EMILY AUGUSTINE, KOCHARACKAL, MANKULAM P.O., VELIYAMPARA, IDUKKI DISTRICT. 4. SHIBU VARGHESE, MYALIL, MANKULAM P.O., VELIYAMPARA, IDUKKI DISTRICT. 5. BABU KURIEN, KIZHAKKINEDATHU, MANKULAM P.O., VIRINJAPARA, IDUKKI DISTRICT. 6. SAJI NARAYANAN, NADUVATHOLIL, MANKULAM P.O., VIRINJAPARA, IDUKKI DISTRICT. 7. K.S. RAJU, KALAPPURATHOTTIYIL, MANKULAM P.O., VIRINJAPARA, IDUKKI DISTRICT. 8. MATHAI VALLOMKALLEL, MANKULAM P.O., VALIYAMPARA, IDUKKI DISTRICT. 9. POULOSE ANTONY, PUTHIYIDATHU, MANKULAM P.O., VIRINGAPARA, IDUKKI DISTRICT. 10. MATHAI JOSEPH, NAYIPURAYIDOM, MANKULAM P.O., VIRINJAPARA, IDUKKI DISTRICT. BY MR.G.SUKUMARA MENON, ADVOCATE. RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. OP.No.28463/2001 ...2... 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE TAHSILDAR, DEVICOLAM TALUK, IDUKKI. 4. THE DISTRICT FOREST OFFICER, MANKULAM, ADIMALI. BY MS. SMITHA SUKUMAR, GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.28463/2001 Order on C.M.P.No.46263/2001 in O.P.No.28463/2001 Closed. 10.02.2009 Sd/- S. SIRI JAGAN, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE ACKNOWLEDGMENT CARD No.295 DATED 26.8.98 OF THE 2ND RESPONDENT ISSUED TO THE 1ST PETITIONER. EXT. P2 : COPY OF the ACKNOWLEDGMENTCARD No.299 DTD. 26.8.98 OF THE 2ND RESPONDENT ISSUED TO THE 4TH PETITIONER. EXT. P3 : COPY OF THE ACKNOWLEDGMENT CARD No.19 DATED 24.8.98 OF THE 2ND RESPONDENT ISSUED TO THE 10TH PETITIONER. EXT. P4 : COPY OF ALLOTMENT LETTER No.28034/96/C4 DATED 21.12.99 OF THE 2ND RESPONDENT ISSUED TO THE 8TH PETITIONER. EXT. P5 : COPY OF ALLOTMENT LETTER No.28034/96/C4 DATED 21.12.99 OF THE 2ND RESPONDENT ISSUED TO THE 9TH PETITIONER. EXT. P6 : COPY OF THE ORDER OF THE HON'BLE COURT DATED 21.7.2000 IN C.M.P.No.34488/2000 IN O.P.No.20588/2000. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ O.P.No.28463 OF 2001 ---------------------------------------- Dated this the 10th day of February, 2009 JUDGMENT The petitioners in this original petitions are challenging eviction from the properties in their possession in the Kannan Devan Hills to which the Kannan Devan Hills (Resumption of Lands) Act is applicable. In similar Original Petitions/Writ petitions, a Division Bench had passed the following judgment in O.P.No.24837/1999 and connected cases: “All the above writ petitions raises common question. Petitioners would aver that they are in possession of land in Kannan Devan Hills in their own legal rights. When steps were taken to evict them, by the Government, they approached this Court. In some of these original petitions, stay was granted by this court. Learned Advocate General, appearing on behalf of the State brought to our notice a notification issued by the Government under dated 16.5.2007 (SRO 421/2007) whereunder by virtue of the powers conferred under Section 4 of the Kerala Forest Act, 1961, Government of Kerala declared that it is proposed to constitute the lands, the situation and limits of which are specified in the schedule shown therein as a reserved forest and appoint the Revenue Divisional Officer, Idukki, as the Forest Settlement Officer to O.P.No.28463/2001. 2 enquire into and determine the existence, nature and extent of any right claimed by or alleged to exist in favour of any person in over any land comprised within the limits of the proposed reserve forest or to any forest produce of such land and to deal with the same as provided in the said Act. The said notification further states that the Divisional Forest Officer, Munnar is appointed as the Officer to attend on behalf of the Government at the enquiry held by the Forest Settlement Officer as per the provisions of the said Act. 2. Accordingly, now that there is an adjudicating authority to consider the claim of the petitioners and those who are legally entitled to may raise their claim before the Settlement Officer, in accordance with the said notification. Such claims as is preferred before the Settlement Officer will be considered as and when a notification in this behalf is issued. 3. In the circumstances, these writ petitions need not be kept pending before this court. We relegate the petitioners to approach the concerned authority as and when notice in this behalf is issued. The concerned authority shall look into the claims in each of such cases, adjudicate the same and pass separate orders. Until such time, status quo as on today will continue. It is also open to the petitioners, in case they are aggrieved by any orders that may be passed by the officer, to approach this Court at a later occasion. The writ petitions are closed”. It is not disputed before me by the learned Government Pleader that the facts of this case are identical to the facts in O.P.No.28463/2001. 3 those cases. In the above circumstances, I dispose of this original petition relegating the petitioners in this case also to approach the concerned authority as and when notice in this behalf is issued to them. The concerned authority shall look into the claims of the petitioners also and adjudicate the same passing separate orders. Until such time, status quo as on today shall continue. It would be open to the petitioners, in case they are aggrieved by any orders that may be passed by the competent officer, to approach this Court at a later occasion. S. SIRI JAGAN, JUDGE Acd O.P.No.28463/2001. 4