Kerala High Court
Neethivedi' vs State Of Kerala on 7 January, 2021
W.P.(C) No. 9148/2010 : 1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.9148 OF 2010(S)
PETITIONER:
NEETHIVEDI', REP. BY PRESIDENT V.T.KUMAR
AGED 38 YEARS, S/O.THOLEN, RESIDING AT, VALAMVAYAL,
VAZHAVATTA, KALPATTA, WAYANAD.
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 STATE OF KERALA, REP. BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM.
2 STATE OF KERALA, REP.BY
PRINCIPAL SECRETARY, SCHEDULED CASTE SCHEDULED TRIBE
DEVELOPMENT DEPARTMENT, SECRETARIAT,,
THIRUVANANTHAPURAM.
3 THE CHIEF, TRIBAL RESETTLEMENT AND
DEVELOPMENT MISSION, THIRUVANANTHAPURAM.
4 THE DIRECTOR, SCHEDULED TRIBE
DEPARTMENT, THIRUVANANTHAPURAM.
5 THE DISTRICT COLLECTOR, KANNUR.
6 THE ADMINISTRATOR, ARALAM FARM
ARALAM FARM P.O., PERAVOOR VIA, KANNUR.
R1 BY GOVERNMENT PLEADER
SRI. ROBIN RAJ M.K., SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 9148/2010 : 2:
Dated this the 7th day of January, 2021.
JUDGMENT
SHAJI P. CHALY, J.
This writ petition is filed as a Public Interest Litigation seeking
the following reliefs:
1. Call for the records pertaining to Ext. P4 and quash the
same by issuing a writ of certiorari.
2. Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents to provide
entire Farm land in Aralam Farm to landless tribals in
Kerala as agreed by the Government vide Ext.P1.
3. Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents 1 and 2 to
desist from transforming the Aralam Farm into a Private
Limited Company namely Aralam Farm into a Private
Limited Company namely Aralam Farming Corporation of
Kerala Ltd.
2. What is sought for in the writ petition is quashment of Ext. P4
Memorandum of Association of Aralam Farming Corporation of Kerala
Limited having its registered office within the State of Kerala. From
Ext. P4, it is evident that the main objects of the company are (i) to
take over the assets and liabilities of the Aralam Farm, Kannur District,
Kerala State from the Government of Kerala in consonance with the
Government Orders and to develop the infrastructure and other
facilities, which may inter alia improve the standard of living of the
adivasis to be rehabilitated adjoining to this farm; (ii) to carry on the
business of setting up and running agricultural farms for the
production, primarily of seeds of food grains, fibre crops, plantation
crops, oil seeds, vegetables and fruits as well as undertaking studies of
these crops on such lands as may be acquired or transferred from
Government of Kerala or any other mode; (iii) to carry on the business
of poultry, sheep, pig and other cattle breeding farms, either as
independent unit or as part of agricultural farms as also the business
of keepers, breeders, importers, exporters and traders of poultry and
cattle of all kinds; (iv) to carry on the business of farmers, producers,
processors, exporters, packers and importers of agricultural produce of
all kind including garden and horticulture produce; and (v) to provide
all manner of support services to further the social and economic
welfare of the tribals resettled in Aralam. The apprehension voiced by
the petitioner is that if a company is formed by taking over the
property of the Aralam farm providing land to the landless adivasis
would be given a go-bye.
3. According to the petitioner, even though certain initial steps
were taken, the Government has not initiated further action to assign
the land to the landless tribals and if the land earmarked for the
adivasis from among the Aralam farm is allotted to the company, it
would seriously prejudice the adivasis. Various other contentions are
also raised.
4. In fact, interim orders were being passed by this Court to
ensure that the lands are distributed to the tribals of Kannur District.
Anyhow, when the matter was posted on 29.03.2010, submission was
made by the learned Special Government Pleader that substantial
portion of the property measuring 2335 acres has already been
distributed. Anyhow, since the area of land distributed to the tribals
was not furnished, a direction was issued accordingly. Subsequent
interim orders show that the Government was directed to take action
so as to distribute the land to the tribals without fail.
5. Anyhow, on 22.06.2010, an interim order was passed
directing the State Government to allot land to landless tribals from
the rest of the lands earmarked in Aralam farm within 3 months from
the date of receipt of the order. Evidently, time was sought to
implement the interim order passed by this Court by filing I.A. No.
16611 of 2012 and accordingly, 6 months' time was granted from
22.10.2012.
6. As per the order dated 03.01.2013, the State Government
has filed a detailed counter affidavit along with the documents,
wherein it is stated that an extent of 2,335 acres of land in Aralam
farm has been allotted to only tribals from the Kannur District. Later, it
came to the notice of the Government that 1220 tribals from Kannur
who were not totally landless and held nominal extent of land had also
been allotted land in Aralam farm.
7. The Government has also issued a direction in letter No.
830/D2/2009/SCSTDD dated 18.02.2009 to allot lands only to landless
tribals, and that in case where there were no more landless tribals in
Kannur, lands at Aralam were to be distributed to the landless tribals
from the neighbouring districts, which includes Wayanad, evident from
Ext.R2(b). Such aspects were reiterated in Ext.R2(c) communication
dated 24.02.2010. It is also stated that as per the data collected from
the Director, Scheduled Castes/Scheduled Tribes Development
Department, there are 14213 landless tribals in the State, of which
Kannur District has 893. However, on further verification, it has been
reported from Kannur that there are only 308 landless tribals yet to
receive land in Kannur District. Therefore, according to the State
Government, in terms of the current orders, only 308 landless tribals
alone are to be provided with lands. But, fact remains, the said
affidavit filed by the Government was on 18.05.2010 and when the
matter was taken up today, the learned Government Pleader submitted
that land is allotted to all the landless tribals in Kannur District.
In view of the submissions made above, we are inclined to
dispose of the writ petition recording the same and also with adequate
directions. Therefore, after having heard the learned counsel for the
petitioner Sri Jojo A.V and the learned Special Government Pleader Sri.
Robinraj M. K, this writ petition is disposed of recording the aforesaid
submission and further directing that if any landless tribals are
identified from Kannur District, the said aspect shall be considered by
the State Government and take appropriate action to redress the
grievance also.
S. MANIKUMAR,
CHIEF JUSTICE.
SHAJI P. CHALY,
JUDGE.
Rv
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE G.O.(P) NO.41/2002/SC ST DD DATED 20.07.2002.
EXT.P1(a): TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1.
EXT.P2: TRUE COPY OF G.O.(MS) NO.45/2006 SCST DD DATED 02.09.2006.
EXT.P3: TRUE COPY OF THE LIST PREPARED BY THE TRIBAL RESETTLEMENT AND
DEVELOPMENT MISSION.
EXT.P4: TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND ARTICLE OF
ASSOCIATION FORWARDED BY THE 2ND RESPONDENT WITH A COVERING LETTER
DATED 05.03.2010.
RESPONDENT'S EXHIBITS:
EXT.R2(a): TRUE COPY OF G.O.(MS) NO.45/2006/SCSTDD DATED 02.09.2006.
EXT.R2(b): TRUE COPY OF LETTER NO. 830/D2/2009/SCSTDD DATED 18.02.2009.
EXT.R2(c): TRUE COPY OF THE G.O.(MS) NO.23/2010/SCSTDD DATED 24.02.2010.
/True Copy/
P.S to Judge.
rv
