Kerala High Court
The State Of Kerala vs Santhamma Gopi @ Santha Gopi on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
RP NO. 968 OF 2020 in WP(C) 27169/2014(U)
REVIEW PETITIONERS/RESPONDENTS IN WP(C):
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
FOREST AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM
- 695001.
3. THE DISTRICT COLLECTOR IDUKKI - 685 603.
4. THE CHIEF FOREST CONSERVATOR, OFFICE OF THE CHIEF FOREST
CONSERVATOR, REGIONAL SOUTH, KOLLAM - 691001.
5. THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM, PIN - 685
613.
6. THE FOREST RANGE OFFICER, NERIAMANGALAM RANGE OFFICE, IDUKKI,PIN -
686 693.
RESPONDENTS/PETITIONERS AND ADDL.8TH PETITIONER IN WP(C):
1. SANTHAMMA GOPI @ SANTHA GOPI, S/O.GOPI, KARIKKALLIL, VATHIKUDY,
IDUKKI DISTRICT.
2. KARTHIAYANI JANAKI @ AMMINI NARAYANAN, THURUTHEL HOUSE,
PAZHAYARIKANDAM P.O., KANJIKUZHI VILLAGE, IDUKKI DISTRICT.
3. AMMINI, W/O.LATE MADHAVAN, THADATHIL HOUSE, SOUTH MARADI P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT.
4. AYYAPPAN MOHANAN @ RAMANKUTTY, VELAMPARAMBIL HOUSE, KANJIKUZHI KARA,
THODUPUZHA NOW AT PAZHAYARIKANDAM P.O., IDUKKI.
5. KUMARAN, S/O.GANAPATHY, 150F, MACHIPLAVU KUDI, MACHIPLAVU P.O.,
IDUKKI.
6. PRABHAKARAN, S/O.RAMAN, THEVARKUZHIYIL HOUSE, KANJIKUZHI P.O.,
IDUKKI.
7. VIJAYAMMA, D/O.KUMARAN, ERUVALIKKAL HOUSE, KANJIKUZHI P.O., IDUKKI.
8. SHAJU T.N., S/O.NARAYANAN, THURUTHEL HOUSE, URULANTHANNI P.O.,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT - 686 681.
Review Petition praying that in the circumstances stated in the
affidavit filed along with the Review Petition the High Court be pleased
to stay the operation of the judgment of the learned Single Judge in
27169/2014 dated 30.01.2019, until the disposal of the above review
petition.
P.T.O.
This Review petition again coming on for orders upon perusing the
petition and the affidavit filed in support of Review Petition and this
Court's order dated 15.07.2021 and upon hearing the arguments of
GOVERNMENT PLEADER for the Petitioners in RP/Respondents in WP(C),
M/S.A.X.VARGHESE & A.V JOJO, Advocates for R1 to R7 in RP/P1 to P7 in
WP(C) and of SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER (FOREST), the court
passed the following:
ALEXANDER THOMAS, J.
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Contempt of Court Case (Civil) No.1090 of 2020
&
R.P. No.968 of 2020
[arising out of judgment dated 30.01.2019 in W.P.(C) No.27169/2014]
--------------------------------------------
Dated this the 11th day of August, 2021
ORDER
Sri.T.P. Sajan, learned Special Government Pleader (Forest)
submits on the basis of instructions that after the issuance of this
Court's previous order on 15.07.2021, the matter has been taken up
by the District Collector, Idukki, who has issued strict directions to
the Tahsildar concerned to ensure that all further formalities and
steps for assignment of land to the petitioners as per the provisions
contained in the Kerala Assignment of Government Lands to
Scheduled Tribes Rules, 2001, is completed without any further
delay. Further it is submitted that the District Collector and the
Tahsildar will be instructed to ensure that the formalities are duly
completed without any further delay.
2. Taking note of the long pendency of the matter, it is
ordered that the District Collector and the Tahsildar will take
expeditious steps to ensure that various formalities are completed
for assignment of the land to the petitioners who belong to
& R.P. No.968/2020
Scheduled Tribe community, in accordance with the provisions
contained in the above referred Rules, within 2 months.
3. The learned Special Government Pleader will file a report
of the District Collector as to the action taken so far and the progress
in the matter, well before the next posting date.
List on 06.09.2021.
-H/o-
Sd/-
ALEXANDER THOMAS,
JUDGE
Skk//12082021
11-08-2021 /True Copy/ Assistant Registrar
