Sivadas @ Balan vs State Of Kerala
2021 Latest Caselaw 22575 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 11143 OF 2011
PETITIONERS:

    1     SIVADAS @ BALAN,
          S/O. SEMANDY, AGED 44 YEARS, RESIDING AT
          KULAMANKUZHIKUDI,VALARA.P.O., MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    2     SUDEVAN, S/O. VELLAMUTHU,
          AGED 45 YEARS, RESIDING AT KULAMANKUZHIKUDI,
          VALARA.P.O., MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    3     PETER, S/O.CHINNASWAMI, AGED 43 YEARS,
          RESIDING AT KULAMANKUZHIKUDI, VALARA.P.O.,
          MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    4     V.S. MANOJ, S/O.SIVADAS, AGED 35 YEARS
          RESIDING AT KULAMANKUZHIKUDI, VALARA.P.O.,
          MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    5     MANCHANAN, S/O. CHOTTA, AGED 65 YEARS,
          RESIDING AT KULAMANKUZHIKUDI, VALARA.P.O.,
          MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    6     KARTHAN, S/O.YESUMALA, AGED 55 YEARS,
          RESIDING AT KULAMANKUZHIKUDI, VALARA.P.O.,
          MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    7     VELLAMUTHU SO.THAILANAGED 65 YEARS
          RESIDING AT KULAMANKUZHIKUDI,VALARA.P.O.,, MANNAMKANDOM
          VILLAGE,DEVIKULAM TALUK,IDUKKI DIST.

    8     MANOJ.K., S/O.KARTHAN, AGED 28 YEARS,
          RESIDING AT KULAMANKUZHIKUDI, VALARA.P.O.,
          MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

    9     JOBBY.N., S/O. NANAPPAN, AGED 32 YEARS,
          RESIDING AT KULAMANKUZHIKUDI, VALARA.P.O.,
 WP(C) NO.11143/2011
                           2

          MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK, IDUKKI DISTRICT.

          BY ADV SRI.K.J.GEORGE KUNNUMPURATH



RESPONDENTS:

   1      STATE OF KERALA, REPRESENTED BY THE
          CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

   2      THE DISTRICT COLLECTOR, IDUKKI,
          COLLECTORATE, KUYILIMALA, PAINAVU,
          IDUKKI DISTRICT, PIN - 685 602.

   3      THE DIVISIONAL FOREST OFFICER,
          DEVIKULAM, IDUKKI DISTRICT, PIN - 685 613.

   4      THE FOREST RANGE OFFICER,
          NERIYAMANGALAM, RANGE OFFICE, IDUKKI
          DISTRICT, PIN - 685 603.

          ADV.SRI.T.P.SAJAN, SPECIAL GOVERNMENT
          PLEADER (FOREST)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.11143/2011
                                      3


             P.V.KUNHIKRISHNAN, J
       -------------------------------
           W.P.(C)No.11143 of 2011
      --------------------------------
   Dated this the 19th day of November 2021

                            JUDGMENT

The above writ petition is filed with

following prayers:

"i) To issue a writ of mandamus or any other writ or direction commanding the Respondents to record the rights conferred on the petitioners as per Section 3 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights Act 2006) and issue necessary papers recording their rights.

ii) To issue a writ of mandamus or any other writ or order or direction, directing the Respondents to remove the jundas put by the 4th respondent from the properties of the petitioners.

iii) To issue a writ of mandamus or any other writ or order directing the Respondents not to make any obstruction while the petitioners make agricultural operations in their holding.

iv) To issue a writ of mandamus directing the Respondents to dispose of Exhibit P-9 Representation within a time limit.

WP(C) NO.11143/2011

v) Issue such of other reliefs which this Hon'ble Court may deem fit and just in the interest of justice in the particular facts and circumstances of this case."

2. Today when the matter came up for

consideration, the learned Special Government

Pleader(Forest) submitted that 7 out of 9

petitioners were already given the right

conferred as per Section 3 of the Scheduled

Tribes and other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006.

The learned Government Pleader submitted

that, if there is any further grievance to

the other petitioners, they can approach the

authority concerned with a representation and

the authority concerned will do the needful

in accordance to law.

In the light of the above submission,

this writ petition can be disposed of in the

following manner:

(i) If any of the petitioners have

got any surviving grievance, they can WP(C) NO.11143/2011

approach the competent authority among the

respondents with a representation.

(ii) If such a representation is

received, the competent authority among the

respondents will consider the same and take

appropriate steps in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO.11143/2011

APPENDIX OF WP(C) 11143/2011

PETITIONERS' EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE BUILDING TAX REGISTER OF 1993-94 TO 2010-11 OF WARD NO.1 OF ADIMALI GRAMA PANCHAYATH.

EXHIBIT P2 A TRUE COPY OF THE BUILDING TAX EXTRACT FOR 1993-94 TO 2010-11 FOR THE 6TH PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE RATION CARD OF THE 1ST PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE RATION CARD OF THE 2ND PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE RATION CARD OF THE 6TH PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 15/12/1995.

EXHIBIT P7 A TRUE COPY OF THE MINUTES OF THE FOREST RIGHTS COMMITTEE DATED 20.06.2009.

EXHIBIT P8 A TRUE COPY OF THE CLAIM SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION.

EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGMENT CARD.

EXHIBIT P11 TRUE COPY OF ACKNOWLEDGMENT CARD.

EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGMENT CARD.

//TRUE COPY//

PA TO JUDGE