"Janasakthi" Idukki Unit, ... vs State Of Kerala
2021 Latest Caselaw 18033 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

                  FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

                                        WP(C) NO. 19962 OF 2018

PETITIONERS:


   1   "JANASAKTHI" IDUKKI UNIT, REPRESENTED BY ITS PRESIDENT A.P.MATHEW, AGED 55 YEARS, S/O.
       PAULOSE, AAYATHUPADATHU HOUSE, IDUKKI COLONY P.O., THANNIKANDAM - 685 602.
   2   IDUKKI CITIZEN FORUM FORUM, REPRESENTED BY ITS PRESIDENT BY ITS PRESIDENT RAJU XAVIER, AGED 57 YEARS,
       S/O. SAURYA (XAVIER), KUTHANAPILLIL HOUSE, THADIYAMPADU P.O., IDUKKI - 685 602.

   3   BENNY P.L., AGED 51 YEARS, S/O. LUKA, POONTHURUTHIL HOUSE, IDUKKI COLONY P.O., 685 602.

   4   THOMAS THOMAS, AGED 55 YEARS, S/O. THOMAS, KAVALAM PUTHENPARAMBIL HOUSE,
       IDUKKI COLONY P.O., 685 602.

           BY ADV SRI.S.K.MURALEEDHARA KAIMAL

RESPONDENTS:


   1   STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. OF KERALA,
       GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

   2   THE HIGH POWER COMMITTEE FOR SETTLING INTER DEPARTMENTAL DISPUTES
       REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

   3   THE DISTRICT COLLECTOR, IDUKKI COLLECTORATE, PAINAVU P.O. - 685 603.

   4   KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE DEPUTY CHIEF ENGINEER, L.P.CIRCLE,
       VAZHATHOPE, IDUKKI COLONY P.O. - 685 602.

   5   THE DISTRICT PANCHAYAT, IDUKKI REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYATH
       OFFICE, PAINAVU P.O.- 685 603.

   6   THE VAZHATHOPE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
       THADIYAMPADU P.O. - 685 602.

         BY ADVS.SRI.K.P.HARISH , SR. GOVT.PLEADER
         SRI.UNNIKRISHNAN V.ALAPATT, SC, IDUKKI DISTRICT PANCHAYATH
         SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD LIMITED
         JOICE GEORGE
         SRI.B.PRAMOD, SC FOR R4


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON THE

SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.19962 OF 2018
                                          :: 2 ::




                                      JUDGMENT

S.MANIKUMAR, C.J.

Petitioners in this writ petition are stated to be the members of the

organizations of Janasakthi and Citizen Forum, formed and functioning

mainly against corruption, injustice, etc. and for the upholding of the human

rights and values especially, to the poor downtrodden people of Idukki

District.

2. First petitioner is the President of the Janasakthi, Idukki District

Committee and the 2nd petitioner is the President of the Idukki Citizen

Forum, Idukki Central Committee.

3. The grievance of the petitioners in this writ petition is with respect

to the inaction on the part of the respondents in implementing the decisions

of the High Power Committee and the Master Plan/Scheme for basic

developments of Idukki District, particularly Vazhathope Township.

4. Main reliefs sought for in this writ petition are as follows:

(i) Issue a writ of mandamus or any other writ, order or direction, directing the 1st and 2nd respondents to consider Ext.P7 representation and implement the decisions of the High Power Committee, Ext.P4/P4(a) and Master Development Scheme of the Idukki District Panchayat, in letter and spirit, within a time frame to be fixed by this Honble Court.

(ii) Issue a writ of certiorari or any other appropriate writ or order to call for the records leading to Ext.P12 and cancel the same.

WP(C) NO.19962 OF 2018 :: 3 ::

(iii) Issue a writ of prohibition or any other writ or order, prohibiting the further constructions of the multi storied building the further constructions of the multi storied building on the basis of Ext.P12 building permit.

5. Petitioners have submitted that after the formation of Idukki

district in the year 1976, Idukki Development Authority (IDA) was formed.

Kerala Forest Department has transferred lands for the installation of Idukki

Hydro Electric Project of K.S.E.B. on lease for a premium of Rs.4/- per acre

and allowed to carry on temporary works till the commissioning of the

project. Even after the commissioning of the project and construction of

essential buildings for its offices and quarters, K.S.E.B. still retains peaceful

possession of the same. The disputes between Government and K.S.E.B.

culminated into O.P. 9197/2000, which was disposed by judgment dated

27.3.2020 by a learned Single Judge, directing the High Power Committee to

consider and take steps for the development of the township. High Power

Committee convened two meetings and took many decisions. But due to the

adamant and abrupt demands for more areas by the K.S.E.B., even after

survey and demarcate the boundaries K.S.E.B. did not surrender possession

of the buildings and the property. The decisions therefore could not be

implemented as a whole and the master plan formulated by the Idukki

Development Authority and transferred to District panchayat along with the

properties is being kept in cold storage.

WP(C) NO.19962 OF 2018 :: 4 ::

6. The civil Head quarters of Idukki is situated in Idukki Village and

Taluk and in the Vazhathope Grama Panchayat. The civil station is

comprising of Collectorate and the office of the Police Superintendent. All

other district-wise public offices, Taluk level and village and panchayat level

offices are situated far away from its head quarters on different parts of the

District and outside.

7. Next contention raised by the petitioners is that although

establishment of a Medical College was announced years back, its structure

alone is completed and would take years to commence with academic

courses, with a full fledged District wise hospital. According to the

petitioners, the respondents are responsible and bound to consider Ext.P7

representation submitted by the petitioners and pass necessary orders with

respect to the development scheme formulated by the Idukki Development

Authority, presently, the District Panchayat and implement the same in

letter and spirit as per the decisions taken by the second respondent/High

Power Committee for settling Inter Departmental Disputes. Being aggrieved

by the inaction on the part of the respondents in implementing the decisions

of the High Power Committee and the Master Development Plan, petitioners

have approached this court by filing this writ petition. WP(C) NO.19962 OF 2018 :: 5 ::

8. Material on record disclose that as per the direction of this court,

High Power Committee convened a meeting on 27.2.2002 and decided to

submit a report regarding the actual extent of land needed by KSEB on

examination by the District Collector and KSEB. As KSEB again pressed for 22

hectors which was not amenable to Idukki Development Authority, another

meeting was called for on 15.12.2008. Meanwhile, District Panchayat came

into existence as per the amended provisions of the Constitution and the

entire assets and liabilities were transferred to Idukki District Panchayat by

Idukki Development Authority. Some of the main decisions taken are as

follows:

(i) To give compensation to KSEB for the building constructed by it by the District Panchayat as and when handed over. The absolutely needed property only to be retained and the rest shall vest with District Panchayat.

(ii) The leasehold right if any as claimed is taken as admittedly terminated.

(iii) To retain the essential offices of KSEB at Vazhathope after joint verification of KSEB and District Panchayat.

(iv) To divide, demarcate and locate the properties in the Vazhathope area to KSEB and Idukki District Panchayat after verification by the District Collector and possess the respective areas accordingly.

(v) To make joint efforts for the entire development of the Idukki District.

WP(C) NO.19962 OF 2018 :: 6 ::

9. Contending inter alia that the Kerala State Electricity Board has not

surrendered possession of the buildings and property as per the decision of

the High Power Committee, petitioners have forwarded Ext.P7

representation to the Chief Secretary, Government of Kerala. Ext.P7(a) is

the English translation of the same, which reads thus:

BEFORE THE HONOURABLE CHIEF SECRETARY, GOVERNMENT OF KERALA

MEMORANDUM submitted jointly by the President of Janasakthi, Idukki unit and President of Citizen Forum, Idukki.

Sir, Sub:- Implementation of the decisions of the High Power Committee dated 15- 12-2008 in respect of the land dispute between the District Panchayat and K.S.E.B.- regarding.

Kerala Forest Department has transferred lands for the installation for Idukki Hydro Electric Project of K.S.E.B. on lease for a premium of Rs.4/- per acre, and allowed to carry on temporary works till the commissioning of the project.

Idukki District was formed in 1972 and for the basic developments of its District Head Quarters, the government was pleased to order transfer of 474.40 Ha. of forest land in 1980.

For many a technical reason, however an extent of only 323 Ha. of land was transferred in 1998 to the District Collector which was handed over to Idukki Development Authority. When Idukki District Panchayat came into existence, the said land was handed over to it by the Idukki Development Authority. However due to unnecessary and unlawful demands, K.S.E.B. has not transferred possession of 42.86 Ha. in Vazhathope area to the District Panchayat whereby the developments as planned could not be implemented for the welfare of the people especially of Idukki District. Consequently the society has been suffering too much- unlawful loss and severe hardships on the one hand and obtaining unlawful gains by the K.S.E.B. officials in collusion with government officials on the other, has become the usual practice.

Recently, K.S.E.B. has started construction of a multi storied building which is liable to be stopped forthwith, particularly when the District panchayat has paid compensation for the buildings in the said land, long back to the K.S.E.B.

Further the said lands were already surveyed and demarcated jointly by K.S.E.B., District Panchayat and the Collector. K.S.E.B. cannot be permitted to hold on the said land and usurping the income therefrom after receipt of compensation. K.S.E.B. has no such right and retention of the lands is unauthorized and illegal. Being local residents and office bearers of public organizations, you are requested to WP(C) NO.19962 OF 2018 :: 7 ::

finally end the disputes and take possession of the demarcated areas of their respective parts and necessary G.O. to be published at your end in this respect. We have been approaching personally and with written requests for the necessary developments of the District Centre in public interest which did not yield any fruit and this representation is submitted finally on getting the necessary informations under the RTI Act. We hope that your good office will take all further steps to hand over physically the lands for development to the District panchayat and implement the decisions of the High Power Committee at the earliest, accordingly.

                                                    Yours faithfully,
                                                            Sd/
27-3-2018                                           President, Janasakthi
Cheruthoni                                        President, Citizen Forum

10. Contending, inter alia, that no action has been taken till now on

Ext.P7 representation submitted by the petitioners, reliefs as stated supra

have been prayed for. Record of proceedings shows that when the matter

came up on 18th June 2018 after considering the contentions, Honourable

Division Bench of this court held thus:

"The continued retention of possession of the temporarily leased land, by the Kerala State Electricity Board during commissioning of the Idukki dam, is the grievance raised in this Public Interest Litigation. The High Power Committee meeting convened by the Additional Chief Secretary, in the deliberations held on 15.12.2008, declared that the temporary lease has expired and the Kerala State Electricity Board is entitled to retain possession of only the essential land, required for the hydro electric project. Accordingly, direction was issued for the demarcation of the area to facilitate the reconvey of the land, to the District Panchayat Authorities.

2. As necessary steps have not been taken, the petitioners have moved this Public Interest Litigation for implementation of the decision of the High Power Committee.

3. Sri.Hanil Kumar M.H., learned Government Pleader accepts notice for the respondents 1 to 3. Sri.Sudheer Ganesh Kumar R., learned standing counsel accepts notice for the 4 th respondent.

WP(C) NO.19962 OF 2018 :: 8 ::

Sri.Unnikrishnan V. Alapatt, learned standing counsel accepts notice for the 5th respondent. Extra copies be furnished to the respective counsel for the respondents. Let notice be issued to the 6 th respondent returnable in two weeks. Petitioners to ensure service on the 6th respondent by speed post."

11. Eventhough notice has been taken in the year 2018, no counter

affidavit or statement of facts, as the case may be, has been filed by the

respondents till date. On this day, when the matter came up for hearing,

Mr.Sudheer Ganesh Kumar, learned Standing Counsel appearing for the

Kerala State Electricity Board/respondent No.4 sought for a weeks' time to

file counter affidavit.

12. High Power committee convened by Additional Chief Secretary on

15.12.2008 has decided that the Kerala State Electricity Board can retain the

permitted offices, staff quarters and store for project purposes. It has also

been decided that the lease agreement between the KSEB and the Forest

Department shall be taken as terminated on the transfer of land to Idukki

Development Authority in 1998 and K.S.E.B. shall be entitled for the rights

only on the essential land required for the Hydro Electric Project purposes.

Grievance of the petitioner is that the said decisions taken by the High Power

committee have not been implemented. Though the petitioner has sought

for a direction to quash Ext.P12 building permit, at this juncture the same

cannot be granted. Nevertheless, we are of the view that the decisions taken WP(C) NO.19962 OF 2018 :: 9 ::

by the High Power Committee in which KSEB is also party must be

considered and action to be taken without any further delay.

13. In the aforesaid circumstances, there shall be a direction to the

Chief Secretary, Government of Kerala, Thiruvananthapuram to take

appropriate action on the decisions of the High Power Committee i.e.,

Exts.P4/P4(a) dated 15.12.2008 and while doing so, also to consider and pass

appropriate orders on Ext.P7 representation submitted the petitioner, as

early as possible, at any rate, within a period of two months from the date of

receipt of a copy of the judgment.

Writ petition is disposed of.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes WP(C) NO.19962 OF 2018 :: 10 ::

APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF G.O.(MS) 761/64/AGRI. DATED 11.11.1964 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF INFORMATION SUPPLED UNDER THE RTI ACT TO THE 1ST PETITIONER DATED 25.09.2015.

EXHIBIT P2(A) ENGLISH TRANSLATION OF EXT.P2. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 27.03.2000 IN O.P.9197/2000 OF THIS HONOURABLE COURT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE HIGH POWER COMMITTEE DATED 15.12.2008.

EXHIBIT P4(A) ENGLISH TRANSLATION OF EXT.P4. EXHIBIT P5 APPLICATION FILED UNDER RTI ACT DATED 19.02.2018 BY THE 1ST PETITIONER. EXHIBIT P5(A) ENGLISH TRANSLATION OF EXT.P5. EXHIBIT P6 REPLY DATED 05.03.2018 ISSUED TO THE 1ST PETITIONER. EXHIBIT P6(A) ENGLISH TRANSLATION OF EXT.P6. EXHIBIT P7 REPRESENTATION DATED 27.03.2018 PRESENTED TO THE 1ST AND 3RD RESPONDENTS JOINTLY BY THE PETITIONERS.

EXHIBIT P7(A) ENGLISH TRANSLATION OF EXT.P7
EXHIBIT P8     ACKNOWLEDGMENT CARDS (2 NOS.)
EXHIBIT P9     RESOLUTION/DECISIONS DATED 24.04.2018 PASSED BY THE 1ST PETITIONER -
               DISTRICT COMMITTEE.

EXHIBIT P9(A) ENGLISH TRANSLATION OF EXT.P9. EXHIBIT P10 RESOLUTION/DECISIONS OF THE CENTRAL COMMITTEE DATED 25.03.2018 OF THE 2ND PETITIONER.

EXHIBIT ENGLISH TRANSLATION OF EXT.P10.

P10(A) EXHIBIT P11 TRUE COPY OF APPLICATION FOR GRANT OF BUILDING PERMIT DATED 23.06.2017 OF K.S.E.B.

EXHIBIT P12 TRUE COPY OF BUILDING PERMIT DATED 29.06.2017 GRANTED BY THE VAZHATHOPE GRAMA PANCHAYAT.

// TRUE COPY // P.S. TO JUDGE