Kerala High Court
Kiran Siju vs State Of Kerala on 28 May, 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 S.MANU
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 10978 OF 2024
PETITIONERS:
1 MS.KIRAN SIJU
AGED 20 YEARS
D/O. SIJUMON FRANCIS, RESIDING AT MATTATHIL HOUSE,
NJAYAPPALLY P.O., CHELAD, KUTTAMPUZHA VILLAGE,
ERNAKULAM, PIN - 686681
2 MR.SIJUMON FRANCIS
AGED 52 YEARS
S/O. FRANCIS JACOB, RESIDING AT MATTATHIL HOUSE,
NJAYAPPALLY P.O., CHELAD, KUTTAMPUZHA VILLAGE,
ERNAKULAM., PIN - 686681
3 MR.BABIN JAMES
AGED 36 YEARS
S/O. JAMES JOSEPH, RESIDING AT VAYALUNKAL HOUSE,
EZHUKUMVAYAL P.O., NEDUMKANDAM, KALKOONTHAL VILLAGE,
UDUMBANCHOLA, IDUKKI., PIN - 685553
4 MR.MEERAN,
S/O.PAREETH, AGED 45 YEARS
RESIDING AT KEEDATHUMKUDIYIL HOUSE, VALARA P.O.,
10TH MILE, ADIMALI, MANNAMKANDAM VILLAGE,
DEVIKULAM, IDUKKI, PIN - 685561
BY ADVS.
BIJO FRANCIS
JOSE KURIAKOSE (VILANGATTIL)
LUIZ GODWIN D COUTH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
ROOM NO.377, 1ST FLOOR,
MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
WP(C)No.10978 2024
2
3 PRINCIPAL CHIEF CONSERVATOR OF FORESTS &
HEAD OF FOREST FORCE
FOREST HEADQUARTERS,VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 DISTRICT COLLECTOR
IDUKKI DISTRICT, CIVIL STATION, PAINAVU P.O.,
KUYILIMALA, IDUKKI, PIN - 685603
5 DIVISIONAL FOREST OFFICER
MUNNAR DIVISION, DEVIKULAM P.O.,
IDUKKI, PIN - 685613
6 PROJECT DIRECTOR (SOUTH EAST)
NATIONAL HIGHWAY AUTHORITY OF INDIA,
PROJECT IMPLEMENATION UNIT,
EAST BTSRRA -125, BTS ROAD,
EDAPPALLY, KOCHI, PIN - 682024
7 EXECUTIVE ENGINEER (PWD)
NATIONAL HIGHWAY DIVISION, SH 1,
ARAMANA JUNCTION, THOTTUMKALPEEDIKA,
MUVATTUPUZHA, PIN - 686673
BY ADV SRI.MATHEWS K.PHILIP KALAPPURACKAL
PHILIPOSE
SRI.B.G.BIDAM CHANDRAN, SC NHAI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.10978 2024
3
JUDGMENT
A.Muhamed Mustaque, J.
The petitioners are the residents of Idukki. They
have approached this Court seeking following reliefs;
"a) Declare that the 3rd and 5th
respondents or their officers do not have any
authority to interfere or prohibit the road widening
work underway in NH 85, between
Neriyamangalam and Valara based on Exhibit P3;
b) issue a writ of mandamus or any other
appropriate writ, order or direction directing the 3rd
respondent to issue necessary orders to the 5 th
respondent not to object the widening of the NH 49
Kochi - Madurai Road (currently part of NH 85)
between Neriyamangalam and Valara to the extent
of 50 feet on both sides from the centre of the
existing road;
c) to dispense with the filing of a
translation of vernacular documents;
d) issue such other order or orders as
this honourable court may deem fit and proper in
the facts and circumstances of the case."
2. The National Highway is undertaking
widening of NH 49 Kochi - Madurai its intersection linking
Neriyamangalam, Valara and Adimali. It appears that the
WP(C)No.10978 2024
Forest Officials objected to widening of certain portion of
the area located at Neriyamangalam to Valara stretch NH
85 claiming it to be part of forest land. The stand of the
forest authority is that the road is not separated from the
forest area and any development work can be undertaken
only with the previous consent of the Central Government.
3. The statement was filed by the National
Highway before this Court. According to them, as per the
Revenue Records, Neriyamangalam to Valara stretch NH
85 are fully shown as road puramboke from 01.04.1997
onwards and therefore, the forest department cannot raise
any objection in widening road stretch. The question is
whether the above stretch is forming part of forest or not.
As per the Revenue Records, this stretch is shown as road
puramboke. Therefore, without any correction of records,
it cannot be assumed that it is a forest land. If the Forest
Officials are of the view that this will have to be treated as
a forest land, they have to take steps in accordance with
the law. So long as the land in the revenue records is
WP(C)No.10978 2024
reflected as road puramboke and non forest land, there is
no requirement under law to obtain previous consent of
the Central Government. The Forest Authority cannot,
therefore, raise objection as to the nature of land without
having an objection raised before the revenue officials at
the first instance.
Therefore, we order that the forest officials shall
resist from raising any objection and interfering with
widening of the road by the National Highway Authorities.
Ordered accordingly.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
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WP(C)No.10978 2024
APPENDIX OF WP(C) 10978/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPRESENTATION
DATED 29-02-1996 SENT BY THE 6TH
RESPONDENT TO THE CHIEF ENGINEER,
NATIONAL HIGHWAYS, THIRUVANANTHAPURAM.
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION
DATED 19-03-1996 SENT BY THE 6TH
RESPONDENT TO THE CHIEF ENGINEER,
THIRUVANANTHAPURAM
Exhibit P3 THE TRUE COPY OF THE ORDER ISSUED BY
THE 1ST RESPONDENT BEARING NUMBER
GO/MS/73/1996/PWD DATED 17-05-1996
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE 1ST AND 2ND PETITIONERS TO
THE 4TH RESPONDENT ON 09-01-2024
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE 1ST AND 2ND PETITIONERS TO
THE 5TH RESPONDENT ON 10-01-2024
Exhibit P6 THE TRUE COP OF THE REPRESENTATION
FILED BY THE 1ST AND 2ND PETITIONERS TO
THE DEPUTY DIRECTOR OF SURVEY, CIVIL
STATION, IDUKKI DATED 09-01-2024.
Exhibit P7 THE TRUE COPY OF THE DIRECTION ISSUED
BY THE DISTRICT SURVEY SUPERINTENDENT
TO THE TAHSILDAR (LAND RECORDS), IDUKKI
DATED 15-02-2024.
RESPONDENT ANNEXURES
Annexure R5(a) True copy of the relevant pages of
notification dated 02.04.1895
Annexure R5(b) A true copy of the govt.letter vide
refno.388/C2/2015/FandWLD dated
03.09.2015
