Kerala High Court
Girijan Sevak Samathi vs State Of Kerala on 28 July, 2025
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W.P.(C) No.11818 of 2017
2025:KER:55406
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 11818 OF 2017
PETITIONER:
GIRIJAN SEVAK SAMATHI
REPRESENTED BY ITS JOINT SECRETARY,
SRI.GANESAN, AGED 35 YEARS, S/O.CHELLAN,
DHANYAM HOUSE, PALOOR P.O., PIN-678 581,
ATTAPADY PADAVAYAL VILLAGE, MANNARKAD.
BY ADVS.
SRI.RUSSEL JOY
SRI.JOHN JOSEPH(ROY)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT OF KERALA
DEPARTMENT OF LOCAL ADMINISTRATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
3 PROJECT DIRECTOR
EXECUTIVE DIRECTOR AHADS-CCPRM,
AGALY PO, PALAKKAD-678 581.
4 DIRECTOR
KERALA INSTITUTE OF LOCAL ADMINISTRATION,
MULAGUNNATHUKAVU, THRISSUR-680 581.
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W.P.(C) No.11818 of 2017
2025:KER:55406
5 GOVERNMENT OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF ENVIRONMENT, FOREST & SCHEDULED
TRIBES, CENTRAL SECRETARIAT, NEW DELHI-110 001.
BY ADVS.
SRI.E.G.GORDEN, SENIOR GOVERNMENT PLEADER
SRI.V.A.MUHAMMED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.11818 of 2017
2025:KER:55406
JUDGMENT
The petitioner, a society stated to be registered for carrying out activities in connection with the welfare of tribals, has filed the captioned writ petition, seeking to challenge Exts.P6 and P12 orders, by which another society by name AHADS (Attappady Hills Area Development Society) has been closed down, and the activities of the said society entrusted to the 4th respondent herein.
2. I have heard Sri.John Joseph (Roy), the learned counsel for the petitioner, Sri.V.A.Muhammed, the learned Standing Counsel for the 4th respondent and Sri.E.G.Gorden, the learned Senior Government Pleader.
3. This Court notices that pursuant to Ext.P6 Government Order and the later Government Order at Ext.P12, the activities of AHADS have been stopped by transferring the activities undertaken by the said society to the 4th respondent herein. The grievance of the petitioner in this writ petition is about the abrupt stoppage of AHADS as above, without making any alternate arrangements for carrying on the various activities already entrusted to AHADS as seen from Ext.P1. 4 W.P.(C) No.11818 of 2017
2025:KER:55406
4. Though, Sri.John Joseph, the learned counsel for the petitioner, states that pursuant to Exts.P6 and P12, the activities of AHADS have been stopped as above, without making any alternate arrangements, I notice the counter affidavit filed by the 4th respondent, wherein it has been averred as under;
"20) The transformation made in Attapady through the old AHADS can be regained through the Panchayats and their development initiatives. It is submitted that KILA has a specialized centre "SC and ST Resource centre", with the mandate of data collection, analysis, reporting, information dissemination, training, action programmes, handholding, etc. that are being done on an exemplary manner. The AHADS-CCPRM transferred to KILA as regional centre is now named as "KILA: Centre for Tribal Development & NRM" for focusing and continuing the activities of old AHADS. And the steps for the same are in progress."
This Court notices that no reply has been filed to the afore affidavit by the petitioner also.
5. Hence, going by the uncontroverted averments in paragraph No.20 of the counter affidavit filed by the 4th respondent, the activities of AHADS have been transferred to the 4th respondent, and the 4th respondent is continuing the activities of the AHADS.
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6. In such circumstances, I am of the opinion that the petitioner may not be justified in contending that the activities of the AHADS are not continuing after Exts.P6 and P12.
7. On the afore, Sri.John Joseph prays that he may be granted an opportunity to point out that the contents of the counter affidavit referred to above is not correct and that the projects already initiated pursuant to Ext.P1 have been abruptly stopped. Taking note of the afore contention, I permit the petitioner to make an appropriate representation to the competent among the respondents, pointing out about the grievances as above, within a period of four weeks from the date of receipt of a certified copy of this judgment. If such a representation is being filed, the competent among the respondents to consider the same and pass a considered order after hearing the petitioner also, within a further period of four months from the date of receipt of the representation as above.
This writ petition is ordered as above.
Sd/-
HARISANKAR V. MENON JUDGE anm 6 W.P.(C) No.11818 of 2017 2025:KER:55406 APPENDIX OF WP(C) 11818/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE AHADS PROJECT DETAILS IN CO-OPERATION WITH JICA.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF APPRECIATION DATED 19-10-2009 TO AHADS BY JAPAN INTERNATION CO-OPERATION AGENCY. EXHIBIT P3 TRUE COPY OF THE NOTICE REGARDING CONTRACT FOR CONSULTING SERVICES ISSUED BY THE OVERSEAS ECONOMIC CO-OPERATION FUND, NEW DELHI OFFICE.
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY GOVERNMENT OF KERALA TRANSFERRING AHADS INTO AHADS-CCPRM GO(MS)NO.201/2013/LSGD EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3-2-2016 ISSUED BY THE EXECUTIVE DIRECTION TO THE PRINCIPAL SECRETARY.
EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BY THE UNDERSECRETARY, GOVERNMENT OF KERALA, DATED 17-8-2016 NO.2463/2016.
EXHIBIT P7 MEMORANDUM SUBMITTED BY THE ATTAPPADY
AHADS JANAKIYA SAMITHI TO ASSET
VERIFICATION COMMITTEE MEMBERS DATED 31- 12-2016.
EXHIBIT P8 TRUE COPY OF NEWS ITEM REPORTED IN MALAYALA MANORAMA ONLINE DATED 17-1-2017 EXHIBIT P9 TRUE COPY OF NEWS ITEM IN THE HINDU DAILY DATED 16-12-2016.
EXHIBIT P10 TRUE COPY OF NEWS ITEM IN THE TIMES OF INDIA DATED 13-12-2016.
EXHIBIT P11 TRUE COPY OF NEWS ITEM IN THE TIMES OF INDIA DATED 8-1-2017.
EXHIBIT P12 TRUE COPY OF THE ORDER ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA DATED 16-3-2017 NO.57/2017 7 W.P.(C) No.11818 of 2017 2025:KER:55406 RESPONDENTS' EXHIBITS EXHIBIT R2(a) TRUE COPY OF G.O.(MS) NO.42/95/RDD DATED 31.10.1995.
EXHIBIT R2(b) TRUE COPY OF G.O. (RT) NO.2463/2016/LSGD DATED 17.08.2016 EXHIBIT R2(c) TRUE COPY OF G.O. (MS) NO.57/2017/LSGD DATED 16.03.2017 EXHIBIT R1(a) TRUE COPY OF LETTER DATED 08.09.2017 FROM PRINCIPAL CONSERVATOR OF FORESTS,KERALA EXHIBIT R1(b) ORIGINAL RECEIPT OF RECEIPT DATED 17.10.2018 FOR SENDING COPY OF COUNTER AFFIDAVIT TO THE COUNSEL.