IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 8359 of 2005(T) -------------------------------------- PETITIONER(S): ------------------------ 1. ACHUTHAN, S/O. ARUTHARI, NADUKANDIYIL HOUSE, KAVUMANDAM VILLAGE, VYTHIRI, WYNAD DISTRICT. 2. ELIKKA KRISHNAN, ELIKKA HOUSE, THARIYODE, VYTHIRI, WYNAD DISTRICT. 3. PANDIKANDI BALAN, -DO- -DO-. 4. KANICHOLAN ARAKKAN, -DO- -DO-. 5. PALAN MANJULA, -DO- -DO-. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF FOREST & WILD LIFE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, SOUTH WYNAD FOREST DIVISION, KALPETTA. 3. THE FOREST RANGE OFFICER, MEPADI, WYNAD DISTRICT. 4. THE DISTRICT COLLECTOR, KALPETTA, WYNAD. 5. THE TAHSILDAR, VYTHIRI TALUK, WYNAD DISTRICT. 6. THE VILLAGE OFFICER, THARIYODE VILLAGE, THARIYODE, WYNAD DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8359/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DEED OF ASSIGNMENT , DETALING THE ASSIGNMENT OF 64 CENTS OF PROPERTY BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. P2:- COPY OF THE PATTA ASSIGEND TO THE 2ND PETITIONER, FORUM NO.20. P3:- COPY OF THE RECEIPT NO.9 OF BOOK NO.431 DT. 19.1.02 ISSUED BY THE 6TH RESPONDENT. P4:- COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE SIT PETIITONER BY THE 6TH RESPONDENT DT. 3.1.96. P5:- COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE IST PETITIONER BY THE 6TH REPO DT. 3.1.96. P5:- COPY OF THE JUDGMENT IN C.C. NO.156/96 DT. 31.7.02 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA , WAYANAD. P6:- COPY OF THE LETTER NO.33027/95/L4 DT. 21.8.98 ISSUED BY THE 4TH RESPONDENT TO THE IST PETITIONER. P7:- COPY OF THE LETTER NO.L4.8354/99 DT. 27.5.00 ISSUED BY THE 4TH RESPONDENT. P8:- COPY OF THE REPRESENTATION DT. 17.8.04 FILED BY THE IST PETITIONER BEFORE THE 2ND AND 3RD RESPONDENT. P9:- COPY OF THE REPRESENTATION DT. 28.10.04 FILED BY THE PETITIONERS BEFORE THE 2ND AND 3RD RESPONDENTS. ANNEXURE R3(a):- LIST SHOWING THE ASSIGNEES VIDE LETTER NO.G1-328/97(2) DT. 12.5.05 OF TAHSILDAR, VYTHIRI. ANNEXURE R3(b):- COPY OF THE PETITION OF SRI.T.V.ABDUL SATHAR DT. 25.4.05. R3(c): COPY OF THE LAND COVERED IN VARIOUS OAs LYING IN A COMPACT BLOCK. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.8359 OF 2005 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 not to interfere with the agricultural operations of the petitioners and other tribals, in the properties assigned to them by the 4th respondent. In case the petitioners have still any grievance left, they may produce a copy of this judgment along with copy of the writ petition before the fourth respondent, in which case, appropriate action in accordance with law in the matter will be taken by the fourth respondent, with notice to the petitioners and second respondent, within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 8359 OF 2005 J U D G M E N T 22.10.2008