Kerala High Court

Unnikrishnan vs State Of Kerala on 27 January, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
           Friday, the 27th day of January 2023 / 7th Magha, 1944
                           WP(C) NO. 29926 OF 2022
PETITIONERS:

  1. UNNIKRISHNAN, AGED 46 YEARS, S/O. GOPINATHAN PILLAI , KARICKATHIL
     PUTHENVEEDU, ARACKAL, PERUMANNOOR P.O., VALAKOM, KOTTARAKKARA-691
     532, SECRETARY, ARACKAL KSHETHRA SAMRAKSHANA SAMITHI
     (REG.NO.3169/19).
  2. VISHNU.G., AGED 31 YEARS, S/O. THULASI AMMA, KOCHUVEED, MALAMEL,
     PERUMANNOOR P.O., VALAKOM -691532.

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
     DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT,
     THIRUVANANTHAPURAM - 695 001.
  2. TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANDANCODE,
     THIRUVANANTHAPURAM-695003, REPRESENTED BY IT'S SECRETARY.
  3. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
     KOTTARAKARA GROUP, KOTTARAKARA P.O., KOLLAM-691 506.
  4. SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, POLICODE SUB GROUP,
     POLICODE-691532.
  5. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION ROAD,, KANGATHU
     MUKKU, KOLLAM-691013.
  6. THE DIRECTOR, SURVEY & LAND RECORDS, SURVEY BHAVAN,
     THIRUVANANTHAPURAM-695014.
  7. THE TAHSILDAR, TALUK OFFICE, PUNALUR, KOLLAM-691306.

  8. THE VILLAGE OFFICER, ARAKKAL VILLAGE OFFICE, PUNALUR,
     KOLLAM-691306.
  9. DISTRICT TOURISM PROMOTION COUNCIL, NEAR KSRTC BUS STAND,
     KOLLAM-690536 REPRESENTED BY IT'S SECRETARY.
        ADDITIONAL R10
 10. BIJU A., S/O. K.ANIRUDHAN, AGED 50 YEARS, EX-PRESIDENT, ARACKAL DEVI
     TEMPLE ADVISORY COMMITTEE, PERUMANNOOR P.O., KOLLAM- 691532,
     RESIDING AT NANDANAM, EDAYAM P.O., KOLLAM-691532.
            IS IMPLEADED AS ADDITIONAL R10 AS PER THE ORDER DATED
     27.01.2023 IN I.A.1/2022.
      ADDITIONAL R11, R12 AND R13
 11. T.ANILKUMAR, AGED 54 YEARS, S/O. K.P.THANKAPPAN PILLAI, SREE SABARI,
     ARACKAL, PERUMANNOOR P.O., KOLLAM DISTRICT, PIN- 691532.
 12. K.AJITHAKUMARY, AGED 45 YEARS, W/O. T. ANIL KUMAR, SREE SABARI,
     ARACKAL, PERUMANNOOR P.O., KOLLAM DISTRICT, PIN-691532.
 13. M. SABARI NATH, AGED 46 YEARS, S/O. K.G.MOHANAN PILLAI, DALIYA,
     MALAMEL, PERUMANNOOR P.O., KOLLAM DISTRICT, PIN-691532.
         ADDITIONAL R11 TO R13 IMPLEADED AS PER THE ORDER DATED 27.01.2023
     IN I.A. 3/2022.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings in Exhibit P-8 Order till the
disposal of this Writ Petition.


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
13.12.2022 and upon hearing the arguments of M/S R.KRISHNA RAJ,
R.PRATHEESH, E.S.SONI, KUMARI SANGEETHA S.NAIR and RESMI A., Advocates for
the petitioners, SRI. G.SANTHOSH KUMAR, Advocate for R2 to R4, M/s.
B.MOHANLAL and ABIJITH M., Advocates for R10, SRI. THOMAS M.JACOB,
Advocate for Addl. R11 to R13 and of SRI.M.H.HANIL KUMAR,SPECIAL
GOVERNMENT PLEADER(REVENUE), the court passed the following:




                                                                 p.t.o
      EXHIBIT-R10(A): THE TRUE COPY OF THE ORDER NO: B6-12479/07 DATED
17/11/2007 ISSUED BY THE THAHSILDAR, PATHANAPURAM.

     EXHIBIT-R10(B): THE TRUE COPY OF THE COMMUNICATION NO:B6-12479/07
DATED 19/11/2007 ISSUED BY THE THAHSILDAR, PATHANAPURAM TO THE 5TH
RESPONDENT.

     EXHIBIT-R10(C): THE TRUE COPY OF THE RESOLUTION NO: VI(8) DATED
30/06/2010 OF THE EDAMULACKAL GRAMA PANCHAYATH ISSUED BY THE SECRETARY,
EDAMULACKAL GRAMA PANCHAYATH.

     EXHIBIT-R10(D): THE TRUE COPY OF THE COMMUNICATION DATED 06.09.2010
ISSUED BY THE PRESIDENT EDAMULACKAL GRAMA PANCHAYAT TO THE MINISTER FOR
REVENUE, GOVT. OF KERALA AND THE DECISION NO.VIII(23) DATED 18.12.2010 OF
THE EDAMULACKAL GRAMA PANCHAYAT.

     EXHIBIT-R10(E) : THE TRUE COPY OF THE COMMUNICATION NO:
4669/ENVIRONMENT 2/2012/LEG. DATED 14/11/2012 ISSUED BY THE SECRETARY,
KERALA LEGISLATURE SECRETARIAT TO SRI.V.S.BINDU RAJ ALONG WITH THE REPORT
SUBMITTED BY THE SCIENTIST, CENTRE FOR EARTH SCIENCE STUDIES (CESS).

     EXHIBIT-R10(F): THE TRUE COPY OF THE COMMUNICATION NO: L2-671/11
DATED 17/02/2011 ISSUED BY THE 5TH RESPONDENT TO THE PRIVATE SECRETARY TO
THE MINISTER FOR REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.

     EXHIBIT-R10(G):THE TRUE COPY OF THE COMMUNICATION NO:55976/10/L2
DATED 04/07/2016 ISSUED BY THE 5TH RESPONDENT TO THE LAND REVENUE
COMMISSIONER, THIRUVANANTHAPURAM.

     EXHIBIT-R10(H): THE TRUE COPY OF THE COMMUNICATION NO:
VSP.2771/2016 DATED 13/02/2017 ISSUED BY THE FOREST CONSERVATOR, KOTTAYAM
TO THE PRINCIPAL CHIEF FOREST CONSERVATOR (VIGILANCE AND FOREST
INTELLIGENCE), THIRUVANANTHAPURAM.

     EXHIBIT-R10(I): THE TRUE COPY OF THE COMMUNICATION NO: VE2-53722/16
DATED 30/06/2017 ISSUED BY THE ADDITIONAL PRINCIPAL CHIEF
FOREST CONSERVATOR (VIGILANCE AND FOREST INTELLIGENCE) TO THE PRINCIPAL
CHIEF FOREST CONSERVATOR (FOREST LAND AND RESOURCES), THIRUVANANTHAPURAM.

     EXHIBIT-R10(J): THE TRUE COPY OF THE G.O. (RT)NO:164/2017/TSM DATED
25/03/2017 ISSUED BY THE SECRETARY TO GOVERNMENT, TOURISM DEPARTMENT.

     Exhibit R10(K): THE TRUE COPY OF THE ORDER NO: 55976/10/L2 DATED
28/03/2018 ISSUED. BY THE 5TH RESPONDENT.

     EXHIBIT-R10(L): THE TRUE COPY OF THE COMMUNICATION NO:464 DATED
18/09/2019 ISSUED BY THE 4TH RESPONDENT ADDRESSED TO THE SECRETARY,
EDAMULACKAL GRAMA PANCHAYATH.

     EXHIBIT-R10(M):THE TRUE COPY OF THE COMMUNICATION NO:471 DATED
 28/09/2019 ISSUED BY THE 4TH RESPONDENT ADDRESSED TO THE SECRETARY,
EDAMULACKAL GRAMA PANCHAYATH.

     EXHIBIT-R10(N):THE TRUE COPY OF THE ORDER NO: DCKLM/11654/2019/12
DATED 19/09/2020 ISSUED BY THE 5TH RESPONDENT.

     EXHIBIT-R10(O):TRUE COPY OF THE COMMUNICATION NO: A5-20699/10 DATED
02/06/2022 ISSUED BY THE 7TH RESPONDENT TO THE SURVEY DEPUTY DIRECTOR,
KOLLAM ALONG WITH THE REPORT NO:A5-20669/10 DATED 13/05/2022 AND SKETCH OF
THE TALUK SURVEY TEAM.

     EXHIBIT-R10(P): THE TRUE COPY OF THE JUDGMENT DATED 23/08/2022 IN
W.P. (C)NO:6986/2016 OF THIS HON'BLE COURT.

     EXHIBIT-R10(Q): THE TRUE COPY OF THE COMMUNICATION NO:TOUR
A3/59/2022-TOUR DATED 21/06/2022 ISSUED TO SMT.K.AJITHA KUMARI, MEMBER,
EDAMULACKAL GRAMA PANCHAYATH.

     EXHIBIT-R10(R): THE TRUE COPY OF THE REPLY NO:09/22-23 DATED
20/08/2022 ISSUED UNDER RIGHT TO INFORMATION ACT FROM THE STATE PUBLIC
INFORMATION OFFICER AND THE 8TH RESPONDENT TO SRI.T.ANIL KUMAR
               ANIL K. NARENDRAN & M.R. ANITHA, JJ.
                     ------------------------------
              W.P(C)Nos.29926 and 20783 of 2022
                  -----------------------------------
             Dated this the 27th day of January, 2023

                              ORDER

Anil K. Narendran, J.

I.A.Nos.1 and 3 of 2022 in W.P(C)No.29926 of 2022

Heard the learned counsel on both sides.

Both I.As are allowed. The applicant in I.A.No.1 of 2022 is

impleaded as additional 10th respondent and the applicants in I.A.No.3

of 2022 are impleaded as additional respondents 11 to 13.

Registry to carry out necessary corrections in the cause title.

I.A.No.2 of 2022 in W.P(C)No.29926 of 2022

This is an application filed by additional 10 th respondent to

accepts Exts.R10(a) to R10(r) on file.

I.A allowed as prayed for.

W.P(C)No.20783 of 2022