IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 28816 of 1999(E) ---------------------------------- PETITIONER: ------------------- THRISSUR JILLA ADIVASI SAMITHY UNIT', PILLAPPARA.P.O., VETTILAPPARA, PIN - 680 721, REP. BY ITS SECRETARY, SHAJU.K., S/O. KUNJUMON, AGED 24 YEARS, MALAYAN HOUSE, PILLAPPARA .P.O., VETTILAPPARA - 680 721. BY ADV. SRI.A.X.VARGHESE, ADV. SRI.DENIZEN KOMATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, THRISSUR DISTRICT. 3. REVENUE DIVISIONAL OFFICER, SUB DIVISIONAL MAGISTRATE, THRISSUR. 4. SECRETARY, MINISTRY OF IRRIGATION, SECRETARIAT, TRIVANDRUM. 5. SECRETARY, MINISTRY OF FORESTS, SECRETARIAT, TRIVANDRUM. 6. THE PLANTATION CORPORATION OF KERALA LIMITED, KOTTAYAM, REP. BY ITS MANAGER, VETTILAPPARA, ESTATE, KALADY PLANTATION.P.O. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL, ADV. SRI.JOSEPH KODIANTHARA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 28816/1999-E: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE MASS PETITION PREFERRED BY THE PETITIONER SAMITHY DTD. NIL. BEFORE THE R.6. EXT.P.2: COPY OF THE REPLY ISSUED BY THE R.6 TO THE PRESIDENT OF THE PETITIONER SAMITHY DTD. 15/10/99. EXT.P.3: ORIGINAL PHOTOGRAPHS OF THE AREA ACTUALLY ENTRUSTED WITH THE R.4. BY THE R.5. EXT.P.4: PHOTOGRAPH OF THE PICTURESQUE LOCATION WHEREIN R.6 HAS ALMOST COMPLETED CONSTRUCTION WORKS. EXT.P.5: ORIGINAL PHOTOGRAPH OF THE TRIBAL LAND WHICH IS ENCROACHED INTO AND BARBED WIRE FENCING IS ERECTED BY THE R.6. EXT.P.6: ORIGINAL PHOTOGRAPH OF THE TEMPLE AREA OCCUPIED BY THE R.6. EXT.P.7: ORIGINAL PHOTOGRAPHS OF THE RIVER AREAS BATHING AREA ETC., NOW ENCROACHED BY THE R.6 DISPOSSESSING THE TRIBALS. EXT.P.8: ORIGINAL PHOTOGRAPH OF THE ALLOTTED PATHWAY TO THE TRIBAL HOMES. EXT.P.9: COPY OF THE MASS MEMORANDUM PREFERRED BY THE PETITIONER SAMITHY MEMBERS BEFORE THE R.2. DTD. 20/10/99. EXT.P.10: COPY OF THE REMINDER DTD. 04/11/99 SENT BY THE PETITIONER SAMITHY SECRETARY TO THE R.2. EXT.P.11: COPY OF THE CONDITIONAL ORDER DTD. 30/09/99 IN M.C. NO.154/99. RESPONDENT'S EXHIBITS: EXT.R6.A: COPY OF THE SKETCH OF THE PROJECT AREA OF THE R.6. EXT.R6.B: COPY OF THE JUDGMENT AND DECREE DTD. 13/11/1999 IN O.S. NO. 132/1990 OF THE SUB COURT, IRINJALAKUDA. EXT.R6.C: COPY OF THE OBJECTION DTD. 30/11/1999 FILED BY THE R.6 BEFORE THE SUB DIVISIONAL MAGISTRATE, THRISSUR. EXT.R6.D: COPY OF THE STATEMENT DTD. NIL. FROM KARTHU VELAYUDHAN AND MALLIKA KARUMBAN TO THE R.6. EXT.R6.E: COPY OF THE STATEMENT DTD. NIL FROM KARTHU VELAYUDHAN AND MALLIKA KARUMBAN TO THE R.D.O., TRICHUR. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No. 28816 OF 1999 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer: “iii) Issue a writ of mandamus, any other order, writ or direction, directing the 2nd respondent to conduct a detailed enquiry into the malafide activities of the 4th respondent to 6th respondent, in the matter of encroachment into tribal land and ensuring forest land, and irrigation land for the 6th respondent's usage illegally, and punish the culprits in accordance with law”. There will be a direction to the 2nd respondent to look into Ext.P9 with notice to the petitioner and 6th respondent and take appropriate action in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps KURIAN JOSEPH, J. O.P. No. 28816 OF 1999 J U D G M E N T 07.03.2008