Sukumaran Kani vs State Of Kerala
2021 Latest Caselaw 11650 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                WP(C).No.29279 OF 2017(H)

PETITIONERS:

     1     SUKUMARAN KANI,
           S/O. NARAYNAN KANI,
           AGED 35 YEARS, MANAKKUDI,
           MOTTAMOODU SETTLEMENT,
           KALLAR P.O., PIN-695 551,
           TRIVANDRUM DISTRICT.

     2     M.N. JAYACHANDRAN,
           S/O. K. NARAYANAN NAIR,
           AGED 60 YEARS, MUNDAMATTAM HOUSE,
           THODUPUZHA, IDUKKI DISTRICT-685 584.

           BY ADVS.
           SRI.SAJITH KUMAR V.
           SRI.JOSIE MATHEW


RESPONDENTS:

     1     STATE OF KERALA,
           REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
           DEPARTMENT OF FOREST AND WILDLIFE,
           GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

     2     THE PRINCIPLE CHIEF CONSERVATOR OF
           FORESTS HEAD OF FOREST FORCE,
           FOREST HEADQUARTERS,
           VAZHUTHACADU, TRIVANDRUM-695 014.

     3     THE DIVISIONAL FOREST OFFICER,
           DIVISIONAL FOREST OFFICE, TRIVANDRUM-695 014.

     4     THE FOREST RANGE OFFICER,
           PARUTHIPALLY RANGE,
           KUTTICHAL P.O., TRIVANDRUM-695 574.

     5     THE DEPUTY SUPERINTENDENT OF POLICE,
           NEDUMANGAD, TRIVANDRUM-695 541.
 WP(C) No.29279/2017 & 9997/2018
                                  :2 :


       6      THE TAHASILDAR
              TALUK OFFICE, NADUMANGAD,TRIVANDRUM-695 541.

       7      UNION OF INDIA,
              REPRESENTED BY MINISTRY OF FOREST AND
              ENVIRONMENTAL PROTECTION,
              GOVERNMENT OF INDIA, NEW DELHI-110 001.

       8      REV. FR. SEBASTIAN KANICHIKUNNATH,
              OSJ VICAR, DAIVA PARIPALANA CHURCH,
              VITHURA-695 551.

ADDL. 9       HON'BLE BISHOP OF THE NEYYATINKARA
              LATIN DIOCESE,
              BISHOP'S HOUSE, ARALUMMOOD P.O.,
              NEYYATINKARA, TRIVANDRUM-695123.

ADDL. 10      THE VICAR GENERAL,
              NEYYATINKARA LATIN DIOCESE, ARALUMOOD P.O.,
              NEYYATINKARA, TRIVANDRUM-695123.

ADDL. 11      MSGR. REV. ROOFUS PIOUSLEEN,
              NEDUMANGAD REGIONAL CO-ORDINATOR,
              JEEVAN JYOTHI BHAVAN,
              MARIGIRI, MELECHIRA, ARYANADU P.O.,
              TRIVANDRUM - 695542.

ADDL. 12      REV. FR. DENNIS MANNUR, RECTOR,
              KARICHATTIMUTTA HILLS/KURISHUMALA,
              VITHURA, TRIVANDRUM -695551.

              (ARE IMPLEADED AS ADDITIONAL RESPONDENTS R9-
              R12 VIDE ORDER DATED 18.01.2018 IN
              I.A.No.547/18.)

              R1 BY SRI.SANDESH RAJA.K., SPL. GOVERNMENT
              PLEADER (FOREST)
              R7 BY SRI.P. VIJAYAKUMAR, ASSISTANT
              SOLICITOR GENERAL
              R9-12 BY ADV. SRI.E.HARIDAS
              R1 BY ADV. SRI.RAJU JOSEPH SR.
              R9-12 BY ADV. SRI.FIROZ K.ROBIN
              R8 BY ADV. SRI.J.JULIAN XAVIER
 WP(C) No.29279/2017 & 9997/2018
                                  :3 :


              GOVERNMENT PLEADER SRI JAFFERKHAN Y. FOR
              ADDL A.G. SRI RANJITH THAMPAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 09-04-2021, ALONG WITH WP(C).9997/2018(Y), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.29279/2017 & 9997/2018
                                  :4 :




           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                     WP(C).No.9997 OF 2018


PETITIONER:

              MSGR.G.CHRISTHUDAS,
              AGED 68 YEARS,
              S/O. GABRIEL (LATE),
              VICAR GENERAL,
              NEYYATTINKARA LATIN DIOCESE AND RECTOR,
              BONACAUD PILGRIM CENTRE,
              VITHURA, TRIVANDRUM - 695 551.

              BY ADVS.
              SRI.J.JULIAN XAVIER
              SRI.E.HARIDAS

RESPONDENTS:

       1      STATE OF KERALAM
              REP. BY ITS SECRETARY TO THE GOVERNMENT,
              DEPARTMENT OF FOREST AND WILDLIFE,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

       2      THE DIVISIONAL FOREST OFFICER,
              DIVISIONAL FOREST OFFICE,
              THIRUVANANTHAPURAM - 695 014.

       3      THE FORET RANGE OFFICER
              PARUTHIPALLY RANGE,
              KUTTICHAL P.O,
              THIRUVANANTHAPURAM - 695 574.
 WP(C) No.29279/2017 & 9997/2018
                                  :5 :


       4      THE SUPERINTENDENT OF POLICE,
              THIRUVANANTHAPURAM RURAL, NEDUMANGAD,
              THIRUVANANTHAPURAM - 695 541.

       5      SI OF POLICE,
              VITHURA POLICE STATION, VITHURA,
              THIRUVANANTHAPURAM - 695 001.

       6      MR. SUKUMARAN KANI,
              S/O. NARAYANAN KANI, MANAKKUDI,
              MOTTAMOODU SETTLEMENT, KALLAR P.O,
              THIRUVANANTHAPURAM - 695 551.

       7      M.N JAYACHANDRAN,
              S/O. K NARAYANAN NAIR,
              MUNDAMATTAM HOUSE,
              THODUPUZHA, IDUKKI - 685 584.

              GOVERNMENT PLEADER SRI JAFFERKHAN Y. FOR
              ADDL A.G. SRI RANJITH THAMPAN
              R1 BY ADV. SRI.SANDESH RAJA.K. SPL. G.P.
              FOREST

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 09-04-2021, ALONG WITH WP(C).29279/2017(H), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.29279/2017 & 9997/2018
                                  :6 :




                        JUDGMENT

~~~~~~~~~

Dated this the 9th day of April, 2021

[WP(C) No.29279/2017 & 9997/2018]

The 1st petitioner in WP(C) No.29279/2017

belongs to a Tribal community and the 2 nd petitioner is an

Environmentalist. They have filed the writ petition seeking

to notify Paruthippally Reserve Forest/Peppara Wildlife

Sanctuary and adjoining areas for the purpose of Section 3

of the Forest Rights Act, 2006 and to command the

respondents to implement Ext.P2 forthwith.

2. The petitioner in WP(C) No.9997/2018 is the

Rector of Bonacaud Pilgrim Centre at Vithura where

Bonacaud Kurishumala is situated. The petitioner seeks to

direct respondents 1 to 5 to see that no obstruction is

caused by respondents 6 and 7 or any other persons while

re-installing the Holy Cross and while offering prayers in WP(C) No.29279/2017 & 9997/2018

Amalolbhava Matha Latin Catholic Church in Bonacaud Tea

Estate. A declaration is also sought to declare that the

Bonacaud Pilgrim Centre has customary right to conduct

religious rites at Bonacaud Kurishumala and right to install

Holy Cross.

3. The petitioners in WP(C) No.29279/2017 state

that the Bonacaud Forest Area is declared as "Peppara

wildlife Sanctuary" by a notification dated 21.12.1983 under

section 18 of the Wildlife Protection Act, 1972. The area

falls as a Reserve Forest and was declared so during the

period of Diwan of Travancore. From the year 2013-14

onwards, the 8th respondent who is a Vicar and few

miscreants were trying to encroach into the Bonacaud

Forest by constructing crosses at various locations in the

forest land. They named 'Karichatti Motta' forest area as

'Kurishumala' for the last few years.

4. The petitioners would contend that Forest Range

Officers colluded with the 8th respondent permitting

construction of an 'Althaara' inside forest land. The WP(C) No.29279/2017 & 9997/2018

petitioners would further state that the present Forest Range

Officer issued Ext.P8 notice requiring the 8 th respondent to

remove encroachment. There was stiff resistance from 8 th

respondent and other miscreants and the Forest Officials

sought assistance of 6th respondent-Tahsildar. The

Vigilance Wing of Forest Department in Ext.P4 found that

five concrete crosses and 'Althaara' were constructed upto

95% and Forest Officials failed to prevent the illegal

construction. The Vigilance Wing recommended disciplinary

proceedings against such officials.

5. The 4th respondent-Forest Range Officer issued a

letter to the Deputy Superintendent of Police seeking

protection and assistance for removal of encroachments to

be conducted on 12.08.2017. On that day, with the police

assistance, majority of the constructions were removed.

However, there are repeated attempts to resurrect the illegal

constructions. The petitioners alerted the Forest Authorities

about this. Petitioners would submit that the tribal people

have a right to collect minor forest produces from the WP(C) No.29279/2017 & 9997/2018

locality. The construction of 'Althaara' and concrete crosses

and converting the area as a pilgrimage centre, would

deprive the tribals of their livelihood. The respondents are

therefore compellable to stop construction of new crosses in

the areas falling in Reserve Forest/Peppara Wildlife

Sanctuary.

6. The petitioner in WP(C) No.9997/2018 stated that

Bonacaud Kurishumala is a well-known Pilgrim Centre which

was started in the year 1957, when a Holy Cross was

installed by Christian believers. Ever since, large number of

people from Kerala and outside make their pilgrimage to the

place where the cross was erected. The pilgrimage is on

the 1st Friday of every month, 14th September the feast of

Holy Cross and during lent season. There are records to

show that festivals were being conducted at Bonacaud

Kurishumala. The Church history edited by Sri. P. Devadas

and published in the year 2009 would throw light into the

history of Bonacaud Kurishumala. There is a religious place

of Hindus in this area where idol of Lord Shiva is erected. WP(C) No.29279/2017 & 9997/2018

7. The petitioner states that except for conducting

prayers, no other activities are carried on in the place where

the Holy Cross stands. There are three places of worship in

Marayoor division in Kanthalloor Range, which belong to

Hindus. By Ext.P7, the 3 rd respondent-Forest Range Officer

required the petitioner to remove the Crosses. On

11.08.2017, certain miscreants destroyed three Holy

Crosses which were erected at Kurishumala long ago.

Though a police complaint was made, there was no positive

action.

8. The petitioner would submit that a consensus was

reached later regarding installation of Holy Cross at

Kurishumala. Thereafter the believers re-installed the main

Cross on the top of the Kurishumala on 30.08.2017. A

wooden Cross installed in the Kurishumala was again

destroyed by some miscreants on 25.11.2017. Though the

parishioners were agitating for their right to worship, the

police did not agree on the ground that this Court in WP(C)

No.29279/2017 has ordered status quo. WP(C) No.29279/2017 & 9997/2018

9. The petitioner reiterates that the Holy Cross

situated in the Kurishumala is not encroachment. When

places of worship of other religions are permitted in the

area, denial of right to the believers of Christian community

to worship in Kurishumala, would offend the right

guaranteed under Article 25 of the Constitution of India.

Therefore this Court should pass orders to ensure that no

obstruction is caused to the petitioner and other believers in

conducting religious ceremonies in the Pilgrimage Centre.

10. The 3rd respondent-Divisional Forest Officer filed

a statement in WP(C) No.29279/2017. The 3 rd respondent

stated that there is a Latin Catholic Church namely

Amalolbhava Mata located within the Mahavir plantation at

Bonacaud. The members of the Church constructed 14

small concrete crosses from the premises of the Church to

the hilltop of Karichattimotta during the year 2013. Out of

the 14 Crosses, five were constructed in the Reserve Forest

Area. They have constructed an 'Althaara' also and efforts

were made to name the hilltop as Kurishumala. WP(C) No.29279/2017 & 9997/2018

Kurishumala is in fact a hilltop in a private land far away

from Karichattimotta.

11. On 18.03.2017, Forest Officials of Paruthipally

Range found newly constricted Crosses of height of 5 m. in

the place of damaged small crosses constructed earlier.

Mahazar was prepared in respect of the illegal construction.

A case was registered as O.R. No.02/2017 in Paruthipally

Range under section 27(1)(e)(i) and (iv) of the Kerala Forest

Act. Investigations revealed that one Rev. Fr. Sebastian

Kanichikunnathu, Rajan and Sathya Das were involved in

the illegal action. They were summoned and their

confession statements were recorded. They confessed to

that act. Investigation in the case is under process. When

the 8th respondent refused to remove the Crosses in spite of

request, Section Staff removed the three crosses of smaller

size and part of 'Althaara' on 16.06.2017. Though the

Department attempted to remove the remaining two crosses

of larger size, they failed due to stiff resistance from Church

Authorities and members of the Church. WP(C) No.29279/2017 & 9997/2018

12. On 19.08.2017, it was found that the two large

crosses constructed in March, 2017 and which were

mentioned in mahazar dated 18.03.2017 were uprooted by

unknown persons. On 20.08.2017, there was an attempt to

trespass into the Reserve Forest and reconstruct the

crosses. The Forest Officials aborted the attempt with the

help of the Police. For this incident, another O.R.No.

13/2017 was registered. Subsequently on 27.08.2017,

around 300 people under the leadership of Rev. Fr.

Sebastian Kanichikunnathu again trespassed into the forest

and installed a wooden cross. They also tried to renovate

the 'Althaara'. Hence O.R. No.14/2017 was registered. The

investigation in respect of this offence is going on.

13. On 01.09.2017 yet another attempt was made at

the instance of Rev. Fr. Sebastian Kanichikunnathu to erect

the wooden cross. About 30 persons trespassed in the

Reserve Forest for this purpose. However, ignoring the

warning given by the Forest Officials, they have installed a

wooden cross of height 2.98 m. from the ground level at WP(C) No.29279/2017 & 9997/2018

Karichattimotta near the last cross which was removed. Yet

another O.R.No.15/2017 was registered under the Kerala

Forest Act in respect of this incident. Subsequently, the 8 th

respondent was required to remove the cross. In response,

Mon: Rev. Roofus Payasleen gave a letter dated 01.01.2018

intimating that they will be trespassing the forest land on

05.01.2018 for installing a cross in place. On 05.01.2018,

around 2000 people gathered and attempted to trespass

into the Reserve Forest along with a large wooden cross.

However they were restrained by the Forest Officials with

the assistance of the Police force.

14. Heard the learned counsel for the petitioners in

the writ petitions and the learned Special Government

Pleader (Forests).

15. The issue arising is whether the petitioner in

WP(C) No.9997/2018 or any other members of this

community has a right to install crosses, construct 'Althaara'

or hold pilgrimage to the hilltop of Karichattimotta, which is

described by the petitioner as Kurishumala. According to WP(C) No.29279/2017 & 9997/2018

the respondents, the disputed area is called Karichattimotta

and it is deliberately described as 'Kurishumala'.

16. There is in fact a place Kurishumala which is far

away from the disputed area. There is no dispute about the

fact that the church or church believers have erected 14

crosses between Amalolbhava Matha Church located in

Mahavir Plantation, Bonacaud and Karichattimotta hilltop.

The fact that five of these crosses were erected and an

'Althaara' was constructed within forest land, is also not in

dispute. The case of the petitioner in WP(C) No.9997/2018

is that a pilgrimage was started in the year 1957 to the

Hilltop and Cross was constructed then. Miscreants have

been repeatedly uprooting or damaging the crosses. The

petitioner in WP(C)No. 9997/2017 is relying on Ext.P2 letter

and Ext.P1 Statement of Accounts to urge that the place

was visited by many believers as part of pilgrimage. The

petitioner contends that believers have a right to pilgrimage

to the Hilltop.

WP(C) No.29279/2017 & 9997/2018

17. The claim is seriously disputed by the Department

of Forests. When the right of the petitioner is disputed by

the authorities, the petitioner has to resort to appropriate

legal proceedings to establish his right. The issue being a

disputed question of fact, this Court cannot adjudicate that

dispute in exercise of powers under Article 226 of the

Constitution, in writ proceedings.

18. The petitioner in WP(C) No.9997/2018 has a

further case that members of Hindu Community are

permitted to make prayers at a Temple in the nearby Forest

area. The question of right of the general public to worship

at the said Sree Agastyar Temple at Agastyakoodam peak

came up for consideration before a Division Bench of this

Court. The Division Bench of this Court held in the

judgment in W.A. No.374/2018 dated 09.02.2018 as follows:

"10. We are sure that the Government shall take into account the above observations of the Chief Wild Life Warden and issue necessary orders restricting the entry of the 3rd respondent and the members of the society to the Agastyarkoodam. We have perused Ext.P3 order. We do not find any WP(C) No.29279/2017 & 9997/2018

permission therein for entry of the 3rd respondent and his followers to the Agastyarkoodam, year after year. We are of the firm view that, the activities like that of the 3rd respondent of commercializing the idol that is there by conducting poojas and other rituals at the place, when there has never been any such practice in the past should not be permitted. We find from the letter dated 06.02.2018 of the Chief Wild Life Warden forwarding the printed notices of the previous year that elaborate poojas including a 'Radhayathra' were part of the functions organized by the 3 rd respondent. Any permission to conduct such activities in the restricted area would ruin the ecology and the biodiversity that are required to be preserved at any cost. It would also give a handle to the 3rd respondent to commercially exploit the idol that is there. The Principal Secretary, Forest and Wild Life Department, Government of Kerala shall look into the above aspects and ensure that the Agastyarkoodam is protected and preserved for the benefit of the posterity."

19. No religious community has an unbridled right to

conduct pilgrimage to any place inside a Reserve Forest

land. If any group of people forcibly enter any Reserve

Forest Area and construct any structures unauthorisedly,

such structures are liable to be removed by the Forest

Authorities in accordance with law. Therefore, there will be

a direction in WP(C) No.29279/2017 to respondents 1 to 5

to enforce the decision of the Forest Range Officer,

contained in Ext.P6.

WP(C) No.29279/2017 & 9997/2018

20. The petitioner in WP(C) No.9997/2018 would

submit that after Ext.P11 petition was submitted by the

petitioner to the Chief Minister of the State, there was a

consensus reached for installation of Holy Cross at

Kurishumala as is discernible from Ext.P12 news paper

reports. The petitioner may be permitted to pursue the

matter with Government Authorities. The petitioner will be at

liberty to pursue the matter with Governmental authorities or

through any other appropriate legal proceedings in

accordance with law, if he is so advised.

The Writ petitions are disposed of as above.

Sd/-

N. NAGARESH, JUDGE

aks/07.04.2021 WP(C) No.29279/2017 & 9997/2018

APPENDIX OF WP(C) 29279/2017 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION NO.

G.O.P NO. 379/83/AD DATED 21/12/1983 ISSUED BY THE AGRICULTURE (FOREST MISCELLANEOUS) DEPARTMENT UNDER THE 1ST RESPONDENT .

EXHIBIT P1A A TRANSCRIBED COPY OF THE NOTIFICATION PALODE RESERVED FOREST NO.33 DATED 10/03/1898.

EXHIBIT P2 A TRUE COPY OF THE LETTER NO. P 294/2017 DATED 29/04/2017 ISSUED BY THE CONCERNED FOREST RANGE OFFICER

EXHIBIT P3 A TRUE COPY OF THE LETTER NO. G4-

2724/17 DATED 30/06/2017 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE LETTER NO.

1469/2017 DATED 14/07/2017 ISSUED BY THE FOREST CONSERVATOR (I&E), KOTTAYAM.

EXHIBIT P5 A TRUE COPY OF THE LETTER NO.

294/2017 DATED 7/8/2017 ISSUED BY THE RANGE OFFICER TO THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD.

EXHIBIT P6 A TRUE COPY OF THE LETTER NO.

294/2017 DATED 7/8/2017 ISSUED BY THE RANGE OFFICER TO THE TAHSILDAR, NEDUMANGAD.

EXHIBIT P7 A TRUE COPY OF THE NEWSPAPER REPORT DATED 21/03/2016 OF THE INTERNET VERSION OF 'THE HINDU' DAILY.

WP(C) No.29279/2017 & 9997/2018

EXHIBIT P8 A TRUE COPY OF 'THE HINDU' DAILY REPORT DATED 30/08/2017.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 26/8/2014 SUBMITTED BY THE PRAKRITHI SAMRAKSHNA VEDI DISTRICT COMMITTEE TO THE D.F.O

EXHIBIT P10 A TRUE COPY OF THE PETITION DATED 01/01/2018 SUBMITTED BY MNGR. REV.

                       ROOFUS     PIOUSLEEN    BEFORE    THE
                       DIVISIONAL       FOREST      OFFICER,
                       VAZHUTHACAUD.

EXHIBIT P11            TRUE COPY OF THE NEW PAPER REPORT
                       DATED   22/02/2018 IN  THE  KERALA

KAUMUDY DAILY IS PRODUCED HEREWITH AND MARKED AS.

RESPONDENTS' EXHIBITS:

ANNEXURE R3(A) TRUE COPY OF MAHAZAR IN OR-02/2017.

ANNEXURE R3(B) TRUE COPY OF FORM 1 IN OR-02/2017.

ANNEXURE R3(C) TRUE COPY OF CONFESSION STATEMENT OF REV. FR. SEBASTIAN, KANICHIKUNNATHU.

ANNEXURE R3(D) TRUE COPY OF CONFESSION STATEMENT OF SRI. RAJAN.

ANNEXURE R3(E) TRUE COPY OF CONFESSION STATEMENT OF SRI. SATHYA DAS.

ANNEXURE R3(F) TRUE COPY OF MAHAZAR DATED 09/06/2017 IN OR-02/2017.

ANNEXURE R3(G) TRUE COPY OF MAHAZAR IN OR 13/2017.

ANNEXURE R3(H) TRUE COPY OF FORM 1 IN OR 13/2017.

ANNEXURE R3(I) TRUE COPY OF MAHAZAR IN OR 14/2017.

ANNEXURE R3(J) TRUE COPY OF FORM 1 IN OR 14/2017. WP(C) No.29279/2017 & 9997/2018

ANNEXURE R3(K) TRUE COPY OF THE REPORT OF THE SECTION STAFF OF VITHURA SECTION.

ANNEXURE R3(L) TRUE COPY OF THE REPORT OF THE SECTION STAFF OF VITHURA SECTION.

ANNEXURE R3(M) TRUE COPY OF MAHAZAR IN OR 15/2017.

ANNEXURE R3(N) TRUE COPY OF FORM 1 IN OR 15/2017.

ANNEXURE R3(O) TRUE COPY OF NOTICE DATED 02/09/2017 ISSUED BY THE RANGE FOREST OFFICER, PARUTHIPALLY TO THE 8TH RESPONDENT.

ANNEXURE R3(P) TRUE COPY OF THE REPORT OF THE STAFF DATED 01/09/2017.

ANNEXURE R3(Q) TRUE COPY OF LETTER DATED 01/01/2018 OF THE 8TH RESPONDENT.

EXHIBIT R10(A) COPY OF THE RELEVANT PAGES DEALING WITH BONACAUD KURISHUMALA IN THE CHURCH HISTORY EDITED BY SRI. P.

DEVADAS.

EXHIBIT R10(B) PHOTOS SHOWING THE RELIGIOUS WORSHIP PLACE OF HINDUS.

EXHIBIT R10(C)         TRUE COPY OF THE INFORMATION RECEIVED
                       BY   ONE   MR.    HARIDAS  E.,   FROM

DIVISIONAL FOREST OFFICER, MARAYOOR DATED 06/12/2017.

EXHIBIT R10(D) TRUE COPY OF THE INFORMATION RECEIVED FROM FOREST RANGE OFFICER, THODUPUZHA DATED 11/12/2017.

EXHIBIT R10(E) TRUE COPY OF THE INFORMATION RECEIVED FROM RANGE OFFICER, MAANGULAM RANGE DATED 13/12/2017.

EXHIBIT R10(F) TRUE COPY OF THE PAPER NEWS THAT APPEARED IN DESHABHIMANI DAILY DATED 14/08/2017.

WP(C) No.29279/2017 & 9997/2018

EXHIBIT R10(G) TRUE COPY OF THE COMPLAINT DATED 21/08/2017 BEFORE THE 5TH RESPONDENT BY THE VICAR.

EXHIBIT R10(H)         TRUE COPY OF THE COMPLAINT              DATED
                       20/08/2017  SUBMITTED   BY                THE
                       PETITIONER.

EXHIBIT R10(I)         TRUE COPY OF THE PAPER NEWS THAT

APPEARED IN MALAYALA MANORAMA DAILY ON 30/08/2017.

EXHIBIT R10(J) TRUE COPY OF THE PAPER NEWS THAT APPEARED ON MALAYALA MANORAMA DAILY DATED 01/09/2017.

EXHIBIT R10(K) PHOTO OF THE NEWLY INSTALLED CROSS ON 30/08/2017.

EXHIBIT R10(L) TRUE COPY OF THE PETITION DATED 02/09/2017.

EXHIBIT R10(M) PHOTOS SHOWING THE DESTRUCTED HOLY CROSS.

EXHIBIT R10(N) TRUE COPY OF THE PAPER NEWS THAT APPEARED IN MATHRUBHOOMY DAILY DATED 29/11/2017.

EXHIBIT R10(O) TRUE COPY OF THE MINUTES OBTAINED BY THIS RESPONDENT EXHIBIT R10(P) PHOTOS SHOWING THE BADRAKALI AMMAN TEMPLE IN BONACAUD TEA ESTATE EXHIBIT R10(Q) PHOTOS SHOWING THE TOMBS ERECTED IN THE BOUNDARY OF TEA ESTATE AND FOREST LAND EXHIBIT R10(R) TRUE COPY OF THE REPRESENTATION DATED 14.03.2020 SUBMITTED BEFORE THE 1ST RESPONDENT EXHIBIT R10(S) TRUE COPY OF THE REPRESENTATION DATED 03.02.2021 WP(C) No.29279/2017 & 9997/2018

APPENDIX OF WP(C) 9997/2018 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ACCOUNTS MAINTAINED FOR THE PERIOD FROM 1979 TO 1995 SHOWING THE EXPENDITURE OF BONACAUD KURISHUMALA.

EXHIBIT P1(A) TRUE COPY OF THE ACCOUNTS MAINTAINED FOR THE PERIOD FROM 1997 TO 2003 SHOWING THE EXPENDITURE OF BONACAUD KURISHUMALA.

EXHIBIT P1(B) TRUE COPY OF THE ACCOUNTS MAINTAINED FOR THE PERIOD FROM 2004 TO 2008 SHOWING THE EXPENDITURE OF BONACAUD KURISHUMALA.

EXHIBIT P1(C) TRUE COPY OF THE ACCOUNTS MAINTAINED FOR THE PERIOD FROM 2008 TO 2017 SHOWING THE EXPENDITURE OF BONACAUD KURISHUMALA.

EXHIBIT P2 COPY OF THE RELEVANT PAGES DEALING WITH BONACAUD KURISHUMALA IN THE CHURCH HISTORY EDITED BY SRI. P DEVADAS.

EXHIBIT P3 PHOTOS SHOWING THE RELIGIOUS WORSHIP PLACE OF HINDUS.

EXHIBIT P4 TRUE COPY OF THE INFORMATION RECEIVED BY ONE MR. HARIDAS E, FROM DIVISIONAL FOREST OFFICER, MARAYOOR DATED 6.12.2017.

EXHIBIT P5 TRUE COPY OF THE INFORMATION RECEIVED FROM FOREST RANGE OFFICER, THODUPUZHA DATED 11.12.2017.

EXHIBIT P6 TRUE COPY OF THE INFORMATION RECEIVED FROM RANGE OFFICER, MAANGULAM RANGE DATED 13.12.2017.

 WP(C) No.29279/2017 & 9997/2018




EXHIBIT P7             TRUE   COPY   OF  THE   NOTICE  DATED
                       29.4.2017    ISSUED   BY    THE   3RD
                       RESPONDENT TO THE PETITIONER.

EXHIBIT P8             TRUE COPY OF THE PAPER NEWS THAT

APPEARED IN DESHABHIMANI DAILY DATED 14.8.2017.

EXHIBIT P9 TRUE COPY OF THE PAPER NEWS THAT APPEARED IN MALAYALA MANORAMA DAILY DATED 20.8.2017.

EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 21.8.2017 BEFORE THE 5TH RESPONDENT BY THE VICAR.

EXHIBIT P11            TRUE COPY OF THE COMPLAINT                  DATED
                       20.8.2017   SUBMITTED  BY                     THE
                       PETITIONER.

EXHIBIT P12            TRUE COPY OF THE PAPER NEWS THAT

APPEARED IN MALAYALA MANORAMA DAILY ON 30.8.2017.

EXHIBIT P13 TRUE COPY OF THE PAPER NEWS THAT APPEARED ON MALAYALA MANORAMA DAILY DATED 1.9.2017.

EXHIBIT P14 PHOTO OF THE NEWLY INSTALLED CROSS ON 30.8.2017.

EXHIBIT P15 TRUE COPY OF THE PETITION DATED 2.9.2017.

EXHIBIT P16 PHOTOS SHOWING THE DESTRUCTED HOLY CROSS.

EXHIBIT P17 TRUE COPY OF THE PAPER NEWS THAT APPEARED IN MATHRUBHOOMY DAILY DATED 29.11.2017.

EXHIBIT P18 COPY OF THE NEWS THAT APPEARED IN DEEPIKA DAILY DATED 29.11.2017.

 WP(C) No.29279/2017 & 9997/2018



EXHIBIT P19            COPY OF THE NEWS THAT APPEARED IN
                       MALAYALA    MANORAMA DAILY   DATED
                       29.11.2017.

EXHIBIT P20            TRUE COPY OF THE           STATUS QUO ORDER
                       DATED   31.8.2017          IN   W.P(C)  NO.
                       29279/2017.

RESPONDENTS' EXHIBITS:

ANNEXURE R2(A)         TRUE COPY OF RESERVE            NOTIFICATION
                       DATED 10/03/1898.

ANNEXURE R2(B)         TRUE   COPY         OF   NOTIFICATION     DATED
                       21/12/1983.

ANNEXURE R2(C)         TRUE COPY OF MAHAZAR AND FORM I IN OR
                       2/2017.

ANNEXURE R2(D)         TRUE   COPY  OF   CONNECTION  MAHAZAR

PREPARED BY ASSESSING LOSS IN WHICH HUGE ENVIRONMENTAL LOSS IN TERMS OF DESTRUCTION OF BIO DIVERSITY AND DAMAGES TO NATURAL FOREST RESOURCES.

ANNEXURE         R2(E)TRUE COPY OF MAHAZAR AND FOR I REPORT
SERIES                IN OR 13/2017.

ANNEXURE         R2(F)TRUE COPY OF MAHAZAR AND FOR I REPORT
SERIES                IN OR 14/2017.

ANNEXURE R2(G)         TRUE COPY OF REPORTS OF THE SECTION
                       STAFF OF VITHURA SECTION.

ANNEXURE R2(H)         TRUE PHOTOGRAPHS SHOWING THE REMNANTS
                       OF     THE     DISMANTLED    CONCRETE
                       STRUCTURES.

ANNEXURE R2(I)         TRUE COPY OF MAHAZAR            AND     FORM   I
                       REPORT IN OR 15/2017.

ANNEXURE R2(J)         TRUE COPY OF RELEVANT PAGES OF
                       REGISTER OF THE CHECK POST FOR THE

PERIOD FROM 28/08/2017 TO 03/09/2017. WP(C) No.29279/2017 & 9997/2018

ANNEXURE R2(K) TRUE COPY OF THE NOTICE SENT BY REGISTERED POST.

ANNEXURE R2(L) TRUE COPY OF REPORT OF THE STAFF DATED 01/09/2017.

ANNEXURE R2(M) TRUE COPY OF THE ORDER DATED 20/03/2018 IN IA NO. 5395/18 IN WPC NO.29279/2017.

SR