IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 4301 of 2008(K) ------------------------------------------------ PETITIONER(S): ---------------------- HINDUSTAN NEWSPRINT LTD. NEWSPRINT NAGAR P.O., KOTTAYAM - 686 616 REP. BY ITS DEPUTY GENERAL MANAGER (HR & ES) BY ADV. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA SMT.UMA GOPINATH SRI.DEVIDAS.U.K RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY (FORESTS AND WILD LIFE DEPARTMENT), THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE DISTRICT SUPERINTENDENT OF POLICE IDUKKI. 4. THE DIVISIONAL FOREST OFFICER MUNNAR DIVISION, DEVIKULAM. 5. SUB INSPECTOR OF POLICE SANTHANPARA, IDUKKI. ADDL.R6 A. PONNAMBALAM, SURYANELLY TRIBAL COLONY, CHINNAKANAL P.O., MUNNAR, IDUKKI DISTRICT. ADDL.R7 MRS. VALSAMMA GOVINDAN, SAKOMPLACKAL HOUSE, PANDALIKKALAM TRIBAL COLONY, PANNIYAR ESTATE P.O., POOPPARA, MUNNAR, IDUKKI DISTRICT. W.P.(C).NO.4301 OF 2008 K ADDL.R8 K. MURUKESAN, S/O. KALIMUTHU, 80 ACRE TRIBAL COLONY, B.L. RAM P.O., SURYANELLY, MUNNAR, IDUKKI DISTRICT. ADDL.R9 GOVINDAN, S/O. KUMARAN, SAKOMPLACKAL, PANTHADIKKALAN TRIBAL COLONY, PANNIYUR ESTATE P.O., POOPPARA, MUNNAR, IDUKKI DIST. ADDL.R10 JOHNSON, PANTHADIKKALAN TRIBAL COLONY, PANNIYUR ESTATE P.O., POOPPARA, MUNNAR, IDUKKI DIST. ADDL.R11 SULAIMAN, PANTHADIKKALAN TRIBAL COLONY, PANNIYUR ESTATE P.O., POOPPARA, MUNNAR, IDUKKI DIST. (ADDL.R6 TO R11 ARE IMPLEADED AS PER ORDER DATED 20.2.08 IN I.A.NO.2482/08). ADDL.ADVOCATE GENERAL FOR R1-5 GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.4301 OF 2008 K PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE GOVT. ORDER DATED 11.6.2003. EXT.P2 TRUE COPY OF THE LETTER DATED 30.11.2007. EXT.P3 TRUE COPY OF THE LETTER DATED 12.1.2008. EXT.P4 TRUE COPY OF THE LETTER DATED 31.1.2008. EXT.P5 & P6 TRUE COPIES OF THE LETTERS DATED 31.1.2008. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 4301 OF 2008 K --------------------------------------------------- Dated this the 16th February, 2010 JUDGMENT K.M. Joseph, J. Petitioner is a Government of India Undertaking, which entered into a lease agreement with the Government of Kerala. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to take appropriate action to prevent encroachment into, as well as causing damages to, the captive plantation raised by the petitioner in Block No.2006 III Suryanelli area, Chinnakkanal Village. ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to take appropriate action against the encroachers in accordance with law. iii) Issue a writ of mandamus or any other WPC.4301/08 K 2 appropriate writ, order or direction to direct respondents to evict the encroachers and remove the constructions put up by the encroachers in the plantation area.” The allegation is about the Adivasis encroaching into the land of the petitioner. 2. A Counter Affidavit is filed. Therein, it is, inter alia, stated as follows: “It is true that a large number of Adivasis under the banner of “Adivasi Punaradhivasa Samrakshna Samithy” encroached upon the land given to the petitioner on lease and on intervention into the matter by the 4th respondent along with the Revenue Officials, the Adivasi encroachers left the plantation temporarily.” Ext.P1 is the order of the Government by which Notifications were issued allotting 5600 hectares of existing eucalyptus plantations in different Forest Divisions including Munnar for captive plantation. It is stated that a law and order situation that WPC.4301/08 K 3 could arise out of the forceful eviction would have been unmanageable by the Departmental Officials. It is also stated that the legal status of the land under encroachment is revenue land which was planted, protected and maintained by the Forest Department since 1959 onwards. It is further stated that it is a fact that Adivasis or anyone-else do not have any manner of right over the land. Cairns have been erected along the boundaries of the plantation for demarcating the plantation from other private lands. It is stated that the land encroached is located on the main road side whereas the land assigned is located far away from the main road. The land encroached by the tribals is commercially lucrative, since it lies alongside the main road and has enormous tourism potential in Chinnakkanal area. After getting pattayams, the land is likely to be alienated by the Adivasis to those who are interested in developing resorts, as tourism is a flourishing industry in Munnar. The land has been given to the petitioner on lease for captive plantation. 3. We heard the learned counsel for the petitioner, who WPC.4301/08 K 4 would submit that the encroachers have been removed over a period of time on the basis of the Orders passed by this Court. In the light of this submission, we do not think it necessary for us to permit the petitioner to continue with the Writ Petition. Accordingly, the Writ Petition is closed. We make it clear that as and when need arises, there will be continued assistance from the police to afford protection to the petitioner against any illegal encroachment from the party respondents or their men. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge