Anil Thomas @ Anil Athikkayam vs Union Of India
2024 Latest Caselaw 31921 Ker

Kerala High Court

Anil Thomas @ Anil Athikkayam vs Union Of India on 7 November, 2024

                                                      2024:KER:83289

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                       WP(C) NO. 27193 OF 2017

PETITIONERS:

    1     ANIL THOMAS @ ANIL ATHIKKAYAM,
          S/O.THOMAS, AGED 49 YEARS, ARACKAMANNIL, MADANTHAMON-
          THEKKETHOTTI, NARANAMOOZI P.O., PATHANAMTHITTA
          DISTRICT-689711.

    2     ANNAMMA THOMAS,
          W/O.THOMAS, AGED 76 YEARS,
          ARACKAMANNIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O., PATHANAMTHITTA DISTRICT-689711.

    3     ANIL BOSE,
          S/O.ALOSIOUS, AGED 47 YEARS,
          ANIL BHAVAN, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O., RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

    4     PENNAMMA MATHEW,
          W/O. MATHEW, AGED 81 YEARS,
          THAYYIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

    5     K.V.THOMAS,
          S/O.VARGHESE, AGED 61 YEARS,
          PUNNAMUTTIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
           PATHANAMTHITTA DISTRICT-689711.

    6     SOSAMMA MATHEW
          W/O.THOMAS MATHEW, AGED 61 YEARS,
          ASANPARAMBIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

    7     MARYKUTTY THOMAS
          W/O.P.T.THOMAS, AGED 80 YEARS,
 W.P.(C)No.27193 of 2017       2              2024:KER:83289

          THADATHIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

    8     SHIBU SOMARAJAN,
          S/O.SOMARAJAN, AGED 46 YEARS,
          CHAKKALAYIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

    9     P.A.RAYCHAL,
          D/O.ABRAHAM, AGED 61 YEARS,
          PALIYEKKARA(MANJALASSERIL),
          MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

    0     REJI P.GEORGE,
          S/O.GEORGE, AGED 48 YEARS,
          PUNNAMUTTIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   11     KARTHYAYINI NARAYAN,
          W/O.NARAYAN, AGED 71 YEARS,
          AMAPPARACKAL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   12     MATHAI JOHN,
          AGED 63 YEARS
          S/O.JOHN, AGED 63 YEARS, CHARUVIL, MADANTHAMON-
          THEKKETHOTTI,NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   13     LEELAMMA JAMES,
          AGED 70 YEARS
          W/O.JAMES, AGED 70 YEARS, PUNNAMUTTIL,MADANTHAMON-
          THEKKETHOTTI,NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   14     SANTHAMMA VARGHESE,
          W/O.VARGHESE, AGED 57 YEARS,
          PUTHANPURAYIL, MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.
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   15     JESSI SANU,
          AGED 48 YEARS,
          W/O.SANU,
          ARUVIKKUZHIYIL,
          MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   16     VARGHESE THOMAS,
          S/O.E.V.VARGHESE, AGED 45 YEARS,
          ELAVUNILKUNNATHIL,
          MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,
          RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   17     A.M.JOSEPH
          S/O.MATHAI, AGED 68 YEARS,
          PUTHANPURAMANNIL,
          MADANTHAMON-THEKKETHOTTI,
          NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   18     M.C.THOMAS
          AGED 73 YEARS
          S/O.CHACKO, AGED 73 YEARS, MELEDATH, MADANTHAMON-
          THEKKETHOTTI,NARANAMOOZI P.O.,RANNI, PERUNAD,
          PATHANAMTHITTA DISTRICT-689711.

   19     SAJI C.A.
          AGED 49 YEARS
          S/O.ABRAHAM VARGHESE, AGED 49 YEARS, CHELLETH,
          MADANTHAMON-THEKKETHOTTI,NARANAMOOZI P.O.,RANNI,
          PERUNAD, PATHANAMTHITTA DISTRICT-689711.


          BY ADVS.
          C.A.CHACKO
          C.M.CHARISMA
          MEGHA K.XAVIER
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RESPONDENTS:

    1     UNION OF INDIA,
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
          OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
          PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110003.

    2     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    3     THE SECRETARY TO GOVERNMENT
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    4     THE SECRETARY TO GOVERNMENT
          FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPUAM-
          695001.

    5     THE LAND REVENUE COMMISSIONER
          PUBLIC OFFICE BUILDING, OPPOSITE MUSEUM, VIKAS
          BHAVAN P.O., THIRUVANANTHAPURAM-695033.

    6     THE CHIEF CONSERVATOR OF FOREST
          FOREST DEPARTMENT, VAZHUTHACAUD,
          THIRUVANANTHAPURAM-695014.

    7     THE DISTRICT COLLECTOR
          PATHANAMTHITTA-689645.

    8     THE TAHSILDAR
          RANNI, PATHANAMTHITTA-689672.

    9     THE DEPUTY DIRECTOR OF SURVEY
          PATHANAMTHITTA-689645.

    0     THE VILLAGE OFFICER
          VILLAGE OFFICE, ATHIKKAYAM, PATHANAMTHITTA-689645.


          BY ADVS.
          SHRI.H.GOPAKUMAR, CGC
          SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
 W.P.(C)No.27193 of 2017          5            2024:KER:83289




OTHER PRESENT:

          SRI.T.P.SAJAN,SPL.GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.27193 of 2017                  6                     2024:KER:83289

                                  JUDGMENT

The petitioners contend that they were in possession of

certain land, which were to be assigned to them with reference to

the provisions of the Kerala Land Assignment (Reguarization of

Occupations of Forest Lands Prior to 01.01.1977) Special Rules,

1993. The petitioners further point out that they are entitled for

such assignment in view of the findings contained in Exts.P7 and P8

orders of the State Human Rights Commission.

2. On 25.09.2024, noticing the contentions raised by

the petitioners on the basis of Exts.P7 and P8 as also Ext.P12-list of

persons who are entitled for patta under the Special Rules, 1993,

this Court had directed the learned Special Government Pleader

(Forests) to get specific instructions in that regard.

3. Pursuant to the afore directions, a counter affidavit

dated 19.10.2024 is filed by the 7th respondent herein, wherein it is

pointed out as under:

"8. It is submitted that the Tahsildar, Ranni as per his letters dated 1.10.2024 and 5.10.2024 has reported that on verification of the area included in the joint verification list, it is found that the property in Sy. No. 781/1 of Athikkayam Village is not included in the said list. There are 624 holdings which are included in the joint verification list from Ranni taluk and the land in W.P.(C)No.27193 of 2017 7 2024:KER:83289

survey number 781/1 is not included in the said 624 holdings. It is also reported that only Kudamuratti and Kochukulam areas of Atthikayam village alone are included in this list. True copy of the letter of the Tahsildar, Ranni dated 1.10.2024 and 5.10.2024 is produced herewith and marked as Ext. R7 (a) and Ext. R7(b) respectively.

9. It is respectfully submitted that Exhibits P4 and P5 replies were given to the petitioner on the basis of the letter of the Ranni Tahsildar vide Ref. No. B3-13241/99 dated 17/11/2007, 20/07/2011. It is presumed that such a mistake might have occurred due to the fact that the forest land occupied by the petitioners are lying adjacent to Forest land which were included in the joint verification. At present digital survey process is completed in Athikayam village. It is submitted that as per the direction of the Human Rights Commission, even though list of occupants of the said area was prepared, joint verification with Forest department has not been completed in respect of the said extent and hence the list could not be submitted for obtaining approval / permission from the Central Government.

10. It is respectfully submitted that the forest land occupied by the petitioners can be assigned only in accordance with the provisions of the Kerala Land Assignment (Regularisation of Occupation of Forest Land Prior to 1.1.1977)Special Rules 1993. Before initiating proceedings for assignment, the occupation of land has to be verified jointly by the officials of Forest and Revenue department and a list of occupants with extent of area occupied by each occupant has to be prepared. W.P.(C)No.27193 of 2017 8 2024:KER:83289

After preparation of the joint verification list, the said list has to be submitted to the Central Government through Parivesh Portal for obtaining permission/approval from the Central Government as per the provisions of the Forest Conservation Act. The assignment of the land can be made only after completing the above said procedure."

4. In the light of the above, the affidavit points out

that the issue is to be ultimately decided in tune with the joint

verification to be carried out as above.

5. I have heard Smt. C.M.Charisma, the learned

counsel for the petitioners, Sri. T. P. Sajan, the learned Special

Government Pleader (Forests) and Sri. Prasanth Kumar, the learned

Central Government Counsel for the 1st respondent herein.

6. It is true that Exts. P7 and P8 proceedings were

issued by the State Human Rights Commission, on the basis of the

findings in Ext.P5 dated 03.01.2012. It is true that in the afore

proceedings, it was pointed out that the joint verification was

already concluded and the list of eligible persons have been

finalised. In such circumstances, the petitioner cannot be found

fault in contending that Exts.P7 and P8 are to be implemented.

7. At the same time, I notice with reference to the

averments in the counter affidavit now filed by the 7 th respondent,

that there was some inherent flaws with respect to Exts.P4, P5 and W.P.(C)No.27193 of 2017 9 2024:KER:83289

P6 and so much of the directions contained in Exts.P7 and P8

cannot be acted upon. The fact that the petitioners would be

entitled for the benefit of assignment with reference to the Special

Rules, 1993, only in tune with the provisions of the said rules is not

in dispute by any of the parties.

8. In such circumstances, if directions are issued to

the respondents to act on the basis of Exts.P7 and P8, in my

opinion, the petitioners would be prejudiced.

9. Therefore, I am of the opinion that the captioned

writ petition can be disposed of as under:

i. The respondents to ensure that the joint verification with

respect to the assignment of the properties with reference

to Special Rules, 1993, is carried out as expeditiously as

possible, as pointed out in Paragraph 10 of the counter

affidavit dated 19.10.2024 and the matter taken to a logical

conclusion at the earliest.

ii. The Joint verification as above to be carried out within a

period of six months and further proceeding also to be

finalised as expeditiously as possible.

Sd/-

HARISANKAR V. MENON JUDGE ANA W.P.(C)No.27193 of 2017 10 2024:KER:83289

APPENDIX OF WP(C) 27193/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF ELECTION CARD OF 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF AADHAAR CARD OF 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF RATION CARD OF 4TH PETITIONER.

EXHIBIT P4 TRUE COPY OF COMMUNICATION DATED 4.4.2008 OF 7TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF COMMUNICATION DATED 3.1.2012 OF 7TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF COMMUNICATION DATED 5.10.2015 FROM THE ADDITIONAL SECRETARY, REVENUE DEPARTMENT.

EXHIBIT P7 TRUE COPY OF PROCEEDINGS DATED 25.5.2016 OF KERALA STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P8 TRUE COPY OF PROCEEDINGS DATED 20.10.2016 OF KERALA STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P9 TRUE COPY OF REPORT FILED BY 7TH RESPONDENT BEFORE THE COMMISSION DATED 19.10.2016.

EXHIBIT P10 TRUE COPY OF REPLY RECEIVED UNDER RIGHT TO INFORMATION ACT DATED 22.5.2017.

EXHIBIT P11 TRUE COPY OF COMMUNICATION DATED 14.7.2017 OF 9TH RESPONDENT.

Exhibit P12 TRUE COPY OF LIST PREPARED FOR ISSUING PATTA TO THE RESIDENTS OF THEKKETHOTTI IN ATHIKKAYAM VILLAGE, AS PER THE ORDER DATED 29/9/2016 OF 7TH RESPONDENT.

W.P.(C)No.27193 of 2017 11 2024:KER:83289

RESPONDENT EXHIBITS

ExhibitR7(a) True copy of the letter of the tahsildar Ranni dated 01.10.2024

ExhibitR7(b) True copy of the letter of the Tahsildar Ranni dated 05.10.2024