Kerala High Court
One Earth One Life vs State Of Kerala on 27 March, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
Wednesday, the 27th day of March 2024 / 7th Chaithra, 1946
WP(C) NO. 1801 OF 2010(S)
PETITIONER:
ONE EARTH ONE LIFE (REG.NO.S.246/1988), THRISSUR,
REPRESENTED BY MR.TONY THOMAS, AGED 50 YEARS,
S/O. THOMAS, KIZHAKKEKARA HOUSE, IRUMBAKACHOLA,
KANJIRAPUZHA. P.O., PALAKKAD DIST.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM.
3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS & WILD LIFE,
THIRUVANANTHAPURAM.
4. THE DISTRICT COLLECTOR, IDUKKI.
5. THE DIVISIONAL FOREST OFFICER MUNNAR.
ADDL. R6 IMPLEADED
6. VINOD P.K., AGED 34 YEARS, S/O. P.C.KOCHUKUNJU,
PUTHUPARAPADIKAL, PALLIVASAL P.O., SECOND-MILE,
IDUKKI DISTRICT -685 565.
IS IMPLEADED AS ADDITIONAL RESPONDENT NO.6 VIDE ORDER
DATED 05/03/2010 IN I.A.1888/2010.
ADDL. R7 & R8 IMPLEADED
7. M/S.KANAN DEVAN HILLS PLANTATIONS CO. PVT. LTD.,
KDHP HOUSE, MUNNAR- 685 612, REPRESENTED BY ITS
EXECUTIVE DIRECTOR MR.P.M. SRIKRISHNAN.
P.T.O.
8. M/S.TATA TEA LIMITED, SPECIAL PROJECTS OFFICE,
GENERAL HOSPITAL COMPLEX, MUNNAR-685 612,
REPRESENTED BY ITS SENIOR MANAGER- IR
(LEGAL AND ADMINISTRATION) MR.PRATAP RAMDAS.
ARE IMPLEADED AS ADDITIONAL R7 & R8 VIDE ORDER
DATED 05/03/2010 IN IA. 3039/2010.
ADDL. R9 IMPLEADED
9. S. RAJENDRAN, S/O.SHANMUGHA VELU, AGED 46,
IKKA BHAVAN, IKKA NAGAR, MUNNAR.
IS IMPLEADED AS ADDITIONAL R9 VIDE ORDER
DATED 31.05.2010 IN I.A.3471/2010.
ADDL. R10 IMPLEADED
10. MAHIN K.U., AGED 28 YEARS, S/O. UMMER,
KUTTAMKULAM, ADIMALY.
IS IMPLEADED AS ADDL. R10 VIDE ORDER DATED 06/01/2017 IN
IA.19544/2016.
ADDL. R11 IMPLEADED
11. MANJU JINCE, PRESIDENT, BAISON VALLEY PANCHAYAT,
AGED 40 YEARS, D/O. MATHEW, VARANAKUZHIYIL (H),
BAISON VALLEY, IDUKKI.
ADDL. R11 IS IMPLEADED AS PER ORDER DATED 13/07/2018 IN
IA.12482/2018.
ADDL. R12 IMPLEADED
12. ILLIAS, AGED 57, S/O.SAIDKUNJU, CHOORAVELIL HOUSE,
VELLATHOOVAL P.O., IDUKKI DISTRICT-685 563.
ADDL. R12 IS IMPLEADED AS PER ORDER DATED 14/02/2020 IN
IA NO.1/2020 IN WPC.
P.T.O.
ADDL. R13 TO R21 IMPLEADED
13. MUNNAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
14. VELLATHOOVAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
15. PALLIVASAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
16. DEVIKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
17. CHINNAKKANAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
18. BISON VALLEY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
19. SANTHANPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
20. UDUMBANCHOLA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
21. MANKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
ADDL. R13 TO R21 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 13/06/2023 IN WPC NO.1801/2010.
ADDL. R22 TO R26 IMPLEADED
22. MARAYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
23. IDAMALAKUDI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
24. KANTHALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
25. VATTAVADA, GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
26. NATIONAL ENVIRONMENTAL ENGINEERING RESEARCH
INSTITUTE (CSIR-NEERI), NEHRU MARG, NAGPUR-440020.
ADDL. R22-R26 ARE IMPLEADED AS PER ORDER DATED 20/06/2023
IN WPC 1801/2010.
ADDL. R27 IMPLEADED
27. THE STATE DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS MEMBER SECRETARY,
THIRUVANANTHAPURAM, KERALA- 695 033.
ADDL. R27 IS SUO MOTU IMPLEADED AS PER ORDER DATED
27/06/2023 IN WPC NO. 1801/2010
P.T.O.
ADDL. R28 IMPLEADED
28. V.MOHANKUMAR, SECRETARY PUBLIC INTEREST PROTECTION
ASSOCIATION, MUNNAR, PIN - 685 612.
ADDL.R28 IS IMPLEADED AS PER ORDER DATED 01/08/2023
IN IA NO. 9375/2018 IN WP(C) NO. 1801/2010.
ADDL. R29 IMPLEADED
29. KERALA KARSHAKA SANGHAM, IDUKKI DISTRICT COMMITTEE,
IDUKKI, REPRESENTED BY ITS SECRETARY, ROMEO SEBASTIAN,
AGED 49 YEARS, S/O. SEBASTIAN, RESIDING AT
KOLLAKOMBIL HOUSE, KALVARI MOUNT P.O., IDUKKI - 685 515.
ADDL.R29 IS IMPLEADED AS PER ORDER DATED 01/08/2023
IN IA NO. 3/2023 IN WP(C) NO. 1801/2010.
ADDL. R30 IMPLEADED
30. THE DISTRICT POLICE CHIEF, IDUKKI.
ADDL. R30 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 01/08/2023 IN WP(C) NO. 1801/2010.
ADDL. R31 IMPLEADED
31. REJI JAICOB, AGED 54 YEARS, SON OF JAICOB,
PRESIDENT, KERALA KARSHAKA UNION (M),
STATE COMMITTEE OFFICE, NEAR FIRE STATION,
PALACE ROAD, KOTTAYAM - 686 001.
ADDL.R31 IS IMPLEADED AS PER ORDER DATED
08/08/2023 IN IA NO. 5/2023 IN WP(C) NO. 1801/2010.
ADDL. R32 IMPLEADED
32.ATHIJEEVANA PORATTA VEDHI, IDUKKI (REG NO:IDK/TC/195/2018),
REPRESENTED BY CHAIRMAN, C.S RAZAK, AGED 55 YEARS,
S/O LATE SAITH KUNJ, CHOORAVELIL HOUSE, VELLATHOOVAL WEST,
VELLATHOOVAL P.O., IDUKKI DISTRICT, PIN - 685563
ADDL.R32 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 1/2023 IN WP(C) NO. 1801/2010
ADDL. R33 IMPLEADED
33.DEAN KURIAKOSE, AGED 42 YEARS,S/O.A.M.KURIAKOSE,
ANANICKAL HOUSE, PAINGOTTOOR P.O., KULAPPURAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN 686 671
ADDL.R33 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 4/2023 IN WP(C) NO. 1801/2010.
ADDL. R34 IMPLEADED
34.SAJEEV SEBASTIAN, AGED 51 YEARS, S/O SEBASTIAN,
KONDATTUPARAMBIL HOUSE, SHANTHANPARA, PUTHADY P.O,
RAJAPPARA, IDUKKI DISTRICT-685619
ADDL.R34 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 6/2023 IN WP(C) NO. 1801/2010.
ADDL. R35 IMPLEADED
35.THE DISTRICT COMMITTEE OF COMMUNIST PARTY OF INDIA
(MARXIST),COM. M JINADEVAN MEMORIAL BUILDING,
CHERUTHONI,IDUKKI COLONY P.O.,IDUKKI DISTRICT,
PIN-685602,REPRESENTED BY ITS SECRETARY, C.V.VARGHESE
ADDL.R35 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 8/2023 IN WP(C) NO. 1801/2010.
ADDL. R36 IMPLEADED
36.GIGGY DANI,WIFE OF DANI THOMAS, 10-C,
LORDS SKYLINE IMPERIAL GARDENS , PALARIVATTAM,
KALOOR. P.O., DIST. ERNAKULAM,682017
ADDL.R36 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 9/2023 IN WP(C) NO. 1801/2010.
P.T.O.
ADDL. R37 IMPLEADED
37.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAWAN, CGO COMPLEX LODHI ROAD,
NEW DELHI-110 003.
ADDL. R37 IS IMPLEADED AS PER ORDER DATED 05/09/2023
IN WP(C) 1801/2010(S).
ADDL. R38 IMPLEADED
38. THE ELECTION COMMISSION OF INDIA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001.
ADDL. R38 IS SUO MOTU IMPLEADED AS PER ORDER DATED
10/10/2023 IN WP(C) 1801/2010(S)
ADDL. R39 & R40 IMPLEADED
39. JOSEPH VARKEY S/O. VARKEY, AGED 79 YEARS,
CHITHRAPURAM. P.O., ANCHAL, DEVIKULAM TALUK,
IDUKKI DISTRICT,PIN-685565
40. LILLY GEORGE W/O. JOSEPH VARKEY, AGED 72 YEARS,
CHITHRAPURAM. P.O., ANCHAL, DEVIKULAM TALUK,
IDUKKI DISTRICT,PIN-685565
ADDL. R39 AND R40 ARE IMPLEADED AS PER ORDER
DATED 31.10.23 IN IA 13/23 IN WP(C) 1801/10
ADDL. R41 IMPLEADED
41. HIGH RANGE TOTTAM TOZHILALI UNION
REG. NO. 06-7 OF 1996, SANTHANPARA, IDUKKI,
REPRESENTED BY ITS PRESIDENT, V.N MOHANAN,
AGED 60 YEARS, S/O NARAYANAN, VILAYALIL(H),
VATTAPPARA P.O, IDUKKI DISTRICT-685619
ADDL.R41 IS IMPLEADED AS PER ORDER DATED
31.10.23 IN IA 16/23 IN WP(C) 1801/10
ADDL. R42 IMPLEADED
42. THE DIRECTOR, DIRECTORATE OF SURVEY,
THIRUVANANTHAPURAM - 695 014.
ADDL. R42 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 14/11/2023 IN WP(C) 1801/10.
ADDL. R43 IMPLEADED
43. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
COCHIN - 11, EDAPPILLY, ERNAKULAM.
ADDL. R43 IS SUO MOTU IMPLEADED AS PER ORDER DATED
27/03/2024 IN WP(C) 1801/10.
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 direct respondents 1 and 2 to declare a moratorium on all land
deals in Devikulam, Udumbanchola and Peerumedu taluks in Idukki district
and to stop all constructions sanctioned at Chinnakkanal, Pallivasal,
Devikulam, Udumbanchola and Peerumedu taluks in Idukki district until an
inquiry was held into the genuineness of the title deeds, pending
disposal of the writ petition in the interest of justice.
P.T.O.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C), this Court's order
dated 26/03/2024 and upon hearing the arguments of SMT.DAISY A.PHILIPOSE,
Advocate for the petitioner, SRI. K.P. JAYACHANDRAN, ADDL. ADVOCATE
GENERAL, SRI.M.H. HANIL KUMAR & SRI.S. RENJITH, SPECIAL GOVERNMENT
PLEADERS, SRI.JAFFER KHAN. Y., SENIOR GOVERNMENT PLEADER for R1 to R5,
Addl.R30 & Addl.R42, SRI.K.RAMAKUMAR (Senior Advocate) along with
SMT.SMITHA GEORGE, Advocates for Addl.R6, SRI.JOSEPH KODIANTHARA (Senior
Advocate) along with M/S. MATHEWS K.UTHUPPACHAN, BINU MATHEW, TERRY
V.JAMES & B.J. JOHN PRAKASH, Advocates for Addl.R7 and Addl.R8,
SRI.S.SREEKUMAR, SENIOR ADVOCATE for Addl. R9, SRI.MATHEW A.KUZHALANADAN,
Advocate for Addl. R10 and of M/S.MATHEW A.KUZHALANADAN, V. SHYAMOHAN &
ANITHA MATHAI MUTHIRENTHY, Advocates for Addl. R11, SRI.G. SREEKUMAR
(CHELUR), Advocate for R12, STANDING COUNSELS for R13, R14, R16 & R20,
SRI.JOICE GEORGE, STANDING COUNSEL for R15 & R19, SRI.ARUN THOMAS,
Advocate for R17 & R25, M/S. N.K.SHYJU, GIREESH PANKAJAKSHAN, ANANYA M. &
VISHNU MOHAN, Advocates for R18, M/S. A.S.DILEEP, P.BINOD,
K.Y.SUDHEENDRAN, SUSEELA DILEEP, SUDEEP ARAVIND PANICKER and HARITHA
HARINATH, Advocates for R22, SRI.S. MANU, DEPUTY SOLICITOR GENERAL OF
INDIA & CENTRAL GOVERNMENT COUNSEL for R26 & R37, SRI.BINOY VASUDEVAN,
Advocate for Addl.R28, SRI.D.KISHORE, Advocate for Addl.29, M/S.
AUGUSTINE JOSEPH,TONY AUGUSTINE & AISWARYA E J VETTIKOMPIL, Advocates for
Addl.R31, M/S.PEEYUS A.KOTTAM & R.G.RAGESH CHAND, Advocates for ADDL.R32,
M/S.ARUN THOMAS and SHINTO MATHEW ABRAHAM, Advocates for ADDL.R33,
M/S.ASWATHY KRISHNAN and A.L.NAVANEETH KRISHNAN, Advocates for Addl.R34,
SRI.S.SREEKUMAR,SENIOR ADVOCATE a/w SRI.LIJI J.VADAKKEDOM, Advocates for
Addl.R35, M/S. K.REGHU KOTTAPPURAM, MAHESH R (KOTTAPPURAM) & MURUKESH
REGHU, Advocates for Addl.R36, SRI.DEEPU LAL MOHAN, STANDING COUNSEL for
Addl.R38, M/S. M.S.RADHAKRISHNAN NAIR and ELIZEBATH GEORGE, Advocates for
Addl.R39 & Addl.R40, M/S.K.N.ABHILASH and SUNIL NAIR PALAKKAT, Advocates
for Addl.R41,SRI.BIDAN CHANDRAN B.G, STANDING COUNSEL for Addl.R43 and of
SENIOR ADVOCATE SRI.RENJITH THAMPAN and ADVOCATE SRI.HARISH VASUDEVAN,
AMICI CURIAE, the court passed the following:
P.T.O
A.MUHAMED MUSTAQUE & M.A.ABDUL HAKHIM, JJ.
-----------------------------------------------
W.P.(C)No.1801 of 2010
-----------------------------------------------
Dated this the 27th day of March, 2024
O R D E R
A.MUHAMED MUSTAQUE(J)
We have interacted with the Principal Secretary,
Revenue Department, who came through online. On
interaction, the Secretary assured us that all necessary
action will be taken in the matter and Monitoring
Committee will be active in supervising the joint
verification. It is also submitted that necessary
instructions have been given to the District Collector to
utilize the vehicles to carryout the day-today functions of
the team. The said submission is recorded.
2. The learned Amicus Curiae/Senior Counsel -
Sri. Renjith Thampan has pointed out that by judgment
dated 22.12.2023 in W.P.(C)No.23064/2019 & connected
cases this Court has directed the District Collector to
conclude the hearing of the petitioners therein based on the
directions of the Government to conduct enquiry regarding the
genuineness of the patta as claimed by them. It is also pointed
out that the time period fixed is already over.
3. We direct the Principal Secretary to ensure that the
directions given by this Court time to time, especially based on
the Government orders, are strictly complied with by the
District Collector and other officials.
4. We request the learned Government Pleader to
handover a copy of the judgment of this Court in W.P.
(C)No.23064/2019 to the Principal Secretary, Revenue
Department.
5. It is submitted by the learned Special Government
Pleader that on the sides of National Highway eviction could
not be proceeded in Elachipara for the reason that there is no
support from the National Highway Authorities.
6. In the light of the above submission, the Project
Director, National Highway Authority of India, Cochin - 11,
Edappilly, Ernakulam is suo motu impleaded as additional
respondent in the writ petition.
6. Show the name of Standing Counsel for the National
Highway Authorities in the cause list.
Post on 03.04.2024.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
M.A.ABDUL HAKHIM, JUDGE
shg/
27-03-2024 /True Copy/ Deputy Registrar
