Jayakrishnan vs State Of Kerala
2021 Latest Caselaw 10838 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                   THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                             &

                        THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

              WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943

                                  WP(C).No.8658 OF 2021(S)

PETITIONER:
        1     JAYAKRISHNAN, S/o C.K.JAYAPRADEEP, AGED 33 YEARS,
              PARAS TIERA SECTOR - 137, NOIDA, NEW DELHI, NCR, PIN 201305

        2     MADHU JOHN, S/O P.M.JOHN, AGED 47 YEARS, PLOT NO.41,
              PAINILPHARA HOUSE, GIRINAGAR, ELAMKULAM VILLAGE,
              ERNAKULAM DISTRICT, PIN 682 020.

        3     MANJU, W/O BIJU, AGED 36 YEARS, THALAMALI, ADIMALI,
              KORANGOTTY P O, MANNAMKANDOM VILLAGE,
              DEVIKULAM TALUK, IDUKKI DISTRICT, PIN 685 561.

                  BY ADV. SRI.R.RAMADAS
RESPONDENTS:
       1    STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO
            GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

        2     PRINCIPAL CHIEF CONSERVATOR OF FORESTS, OFFICE OF THE PRINCIPAL CHIEF
              CONSERVATOR OF FORESTS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN 690
              014.

        3     THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU- KUYILIMALA,
              IDUKKI, PIN 685 603.

        4     THE TAHSILDAR, TALUK OFFICE, DEVIKULAM, DEVIKULAM P O
              IDUKKI DISTRICT, PIN 685 613.

        5     THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER,
              ANAVIRATTY, IDUKKI DISTRICT, PIN 685 561.

        6     THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER,
              MANNAMKANDOM, ADIMALI P O, IDUKKI DISTRICT, PIN 685 561.

        7     THE DEPUTY DIRECTOR (SURVEY), COLLECTORATE, PAINAVU - KUYILIMALA,
              IDUKKI DISTRICT, PIN - 685 603.

        8     HEAD SURVEYOR, TALUK OFFICE, DEVIKULAM P.O., DEVIKULAM,
              IDUKKI DISTRICT, PIN - 685 613.

        9     THE DIVISIONAL FOREST OFFICER, MUNNAR,
              DEVIKULAM P.O., IDUKKI DISTRICT, PIN - 685 613.

        10    THE DIVISIONAL FOREST OFFICER, MANKULAM, MANKULAM P.O., VIRUPPARA,
              IDUKKI DISTRICT, PIN - 685 561.
 WP(C).No.8658 OF 2021(S)
                                           :: 2 ::


         11   THE RANGE OFFICER, FOREST RANGE OFFICE, ADIMALI, ADIMALI P.O., IDUKKI
              DISTRICT, PIN - 685 561.

         12   C. GANESHAN, S/O. CHELLAYA, VATTAYAR P.O., PEECHAD PLAMALA, IDUKKI
              DISTRICT, PIN - 685 565.

         13   P.V. PAULOSE, S/O. VARGHESE, POTTACKAL HOUSE, VATTAYAR P.O., PEECHAD
              PLAMALA, IDUKKI DISTRICT, PIN - 685 565.

         14   P.J. ANNAMMA, W/O. P.A. GEORGE, PADATHUPARAMBIL HOUSE, VATTAYAR P.O.,
              PEECHAD PLAMALA, IDUKKI DISTRICT, PIN-685 565.

         15   PRASANNA SIVARAMAN, W/O.SIVARAMAN NAIR, MUKALAL HOUSE, VATTAYAR
              P.O., PEECHAD PLAMALA, IDUKKI DISTRICT, PIN-685 565.

         16   S.T. RANGA SWAMI, S/O. S. THANKAMUTHU PILLAI, MURUKALAYAM HOUSE,
              VATTAYAR P.O., PEECHAD PLAMALA, IDUKKI DISTRICT, PIN - 685 565.

         17   THOMAS, S/O. VARKEY, CHETTOOR HOUSE, VATTAYAR P.O., PEECHAD PLAMALA,
              IDUKKI DISTRICT, PIN - 685 565.

         18   JOHN RAJESH P.G, S/O. GEORGE, PULIKKAPARAMBIL HOUSE, VATTAYAR P.O.,
              PEECHAD PLAMALA, IDUKKI DISTRICT, PIN-685 565.

         19   GEORGE V.V., S/O. VARKEY, VALETHU HOUSE, VATTAYAR P.O., PEECHAD
              PLAMALA, IDUKKI DISTRICT, PIN - 685 565.

         20   VARGHESE, S/O. KURIAN, CHAMBAKULATH HOUSE, VATTAYAR P.O., KURISUPARA
              KOTTAPPARA, IDUKKI DISTRICT, PIN - 685 565.

         21   JOSEPH, S/O. MATHAI, KALLANKUNNEL HOUSE, VATTAYAR P.O., KURISUPARA
              KOTTAPPARA, IDUKKI DISTRICT, PIN - 685 565.

         22   DEVASSE.D, S/O.DEVASIA, VADAKKAN HOUSE, VATTAYAR P.O., PEECHAD
              PLAMALA, IDUKKI DISTRICT, PIN - 685 565

         23   KANNIYAMMA, W/O. KARUPPASWAMY, KUMAR BHAVAN HOUSE NO.404, PINBAD,
              VATTAYAR P.O., DEVIKULAM, AANAVIRATTI, IDUKKI DISTRICT, PIN - 685 565.

         24   KUMAR, S/O. DURAIPANDY, POOPPARA, SANTHANPARA P.O., IDUKE DISTRICT,
              PIN- 685 619

         25   BABY XAVIER, KALARIKKAL HOUSE, OONNUKALLU VELLAMAKUTHU, IDUKKI
              DISTRICT, PIN - 689 647

         26   K.J.RAJAN, S/O. JOSEPH, KANJIRATHINMOOTTIL HOUSE, VATTAYAR P.O., PINBAD,
              IDUKKI DISTRICT, PIN - 685 565

                   SRI. SANDESH RAJA .K. (SPL. GP); SRI.ARAVIND KUMAR BABU (SR.GP)

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8658 OF 2021(S)
                                       :: 3 ::



                                   JUDGMENT

Dated this the 31st day of March 2021

S.MANIKUMAR, C.J.

This writ petition is filed as a Public Interest Litigation seeking for

appropriate direction to the respondents 1 to 11 to prevent illegal

encroachment into the forest lands in Mannamkandom and Mankulam

Villages in Devikulam Taluk in Idukki District. They also sought for a

direction to the respondents 1 to 11 to demarcate the forest lands by

putting up jundas and also by fixing appropriate markings in order to

prevent any sort of encroachment into forest lands.

2. Case of the petitioners is that there are large scale encroachment

into forest lands in Mannamkandam and Mankulam villages in Devikulam

Taluk in Idukki District. It is alleged by the petitioners that the

respondents 12 to 26 are persons who have encroached into forest lands in

Mannamkandam and Mankulam Villages in Devikulam Taluk and by

creating false and fabricated documents and they are now trying to get

pattayam in respect of those forest lands, on the basis of their illegal

possession. It is also alleged by the petitioners that there is inaction on the

part of the respondents 1 to 11 to take effective steps to prevent

encroachment in the forest lands.

WP(C).No.8658 OF 2021(S) :: 4 ::

3. Heard learned counsel for the parties and perused the materials

available on record.

4. Posed the question as to whether the petitioners had submitted

any representation before any of the statutory authority to take action for

removal of alleged encroachment, Mr.R.Ramadas, learned counsel for the

petitioners submitted that representation has been made to the Hon'ble

Minister. Perusal of the materials available on record, do not disclose

pendency of any such representation before any statutory authorities.

Directions can be issued if only the petitioners have made any

representation before the authorities concerned in accordance with law.

5. In the light of the above, instant writ petition is dismissed.

Dismissal of the writ petition will not deprive the right of the petitioners to

make representation to the statutory authorities concerned and if any such

representation is made, the same shall be considered by the authorities in

accordance with law.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes WP(C).No.8658 OF 2021(S) :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE JUDGMENT DATED 3.2.2015 IN WP(C)NO.22795/2014 PASSED BY THIS HON'BLE COURT.

// TRUE COPY //

P.S. TO JUDGE