Kerala High Court
Dharmar vs State Of Kerala on 2 April, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 17702 OF 2024
PETITIONER:
AJI JOSEPH
AGED 54 YEARS
S/O C.V.JOSEPH, CHOONDANKUZHI HOUSE, POOPPARA P.O.,
UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA, PAINAVU P.O., IDUKKI
DISTRICT, PIN - 685603
3 SUB COLLECTOR
REVENUE DIVISIONAL OFFICE, DEVIKULAM CIRCULAR ROAD,
DEVIKULAM TALUK, IDUKKI DISTRICT -, PIN - 685613
4 THE TAHSILDAR
UDUMBANCHOLA TALUK, TALUK OFFICE,NEDUMKANDOM, IDUKKI
DISTRICT, PIN - 685554
5 THE SPECIAL LAND ASSIGNMENT TAHSILDAR
SPECIAL LAND ASSIGNMENT TAHSILDAR OFFICE, RAJAKKAD,
IDUKKI DISTRICT, PIN - 685566
2
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
6 THE VILLAGE OFFICER
POOPPARA VILLAGE, POOPPARA, IDUKKI DISTRICT, PIN -
685619
BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
OTHER PRESENT:
Sri. S Ranjith. SPl GP
THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 11.03.2025
ALONG WITH WP(C)No.20022 of 2024, THE COURT ON 2.4.2025 PASSED
THE FOLLOWING:
3
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 20022 OF 2024
PETITIONERS:
1 DHARMAR,AGED 37 YEARS,S/O ARUMUGHAM, EMMANUEL ILLAM,
11/86, SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA,
IDUKKI DISTRICT, PIN - 685619
2 S.RAVI, AGED 39 YEARS,S/O CHURULIRAJ, 11/332,
SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
3 CHINNAKARUPPAN,AGED 74 YEARS, S/O KARUPPASWAMY, 1/59,
PANNIYAR ESTATE, ANAYIRANKAL, POOPPARA P.O.,
UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
4 GABRIEL, AGED 62 YEARS, S/O MICHAEL, 12/321,
THEKKEKKARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
5 PANDYAN, AGED 49 YEARS, S/O DHANUSKODI, 12/319,
SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
6 THANKAMMA DHANRAJ, AGED 55 YEARS, W/O THAMARAJ, 2C
(11/330), DOTTI SHOP, SANTHANPARA, POOPPARA P.O.,
UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
7 MOHAMMED BEEVI,AGED 54 YEARS
W/O MOIDEEN, 11/278, JAMEELA MANZIL, SANTHANPARA,
POOPPARA P.O., UDUMBANCHOLA, IDUKKI DISTRICT, PIN -
4
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
685619
8 SUBRAMANI,AGED 48 YEARS,S/O KARUPPAN, 11/330,
SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
9 CHIDAMBARAKANI,AGED 78 YEARS, W/O NATARAJ, 11/307,
SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
10 ELIZABETH,AGED 30 YEARS, D/O VEDAMANI, 11/331,
SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
11 JYOTHY, AGED 49 YEARS, W/O JOSEPH, 2D (9/329),
POOPPARA COLONY, SANTHANPARA, POOPPARA P.O.,
UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
12 SUMATHY, AGED 56 YEARS, S/O KANTHAYYA, 11/238,
SANTHANPARA, POOPPARA P.O., UDUMBANCHOLA, IDUKKI
DISTRICT, PIN - 685619
13 P.DAVID SELVAM, AGED 50 YEARS
S/O PARAMAN, 11/3UA, BETHEL, SANTHANPARA, POOPPARA
P.O., UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
KERALA , PIN - 682031 (PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001
CORRECTED AS PER ORDER DATED 12-09-2024 IN IA NO
1/2024,
2 DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA, PAINAVU P.O., IDUKKI
DISTRICT, PIN - 685603
3 SUB COLLECTOR
REVENUE DIVISIONAL OFFICE, DEVIKULAM CIRCULAR ROAD,
DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613
5
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
4 THE TAHSILDAR
UDUMBANCHOLA TALUK, TALUK OFFICE,NEDUMKANDOM, IDUKKI
DISTRICT, PIN - 685554
5 THE VILLAGE OFFICER
POOPPARA VILLAGE, POOPPARA, IDUKKI DISTRICT, PIN -
685619
OTHER PRESENT:
Sri. S Ranjith. SPl GP
THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 11.03.2025
ALONG WITH WP(C)No.17702 of 2024, THE COURT ON 2.4.2025 PASSED THE
FOLLOWING:
6
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
JUDGMENT
Muralee Krishna, J.
These writ petitions are filed under Article 226 of the
Constitution of India by the petitioners who are occupying
properties by the side of Panniyar river at Pooppara in Idukki
District. W.P.(C)No.17702 of 2024 is filed by the petitioner therein
seeking a writ of mandamus commanding the 5th respondent to
decide on the regularisation and occupation of 5 cents of property
in survey No.23/1 of Pooppara Village under the Kerala Land
Assignment (Regularisation of Occupation of Forest Lands prior to
1.1.1977) Special Rules 1993, within a time limit fixed by this
Court and a writ of mandamus commanding respondents 2 to 4
not to evict the petitioner from the aforesaid 5 cents of property
before deciding the entitlement of the petitioner for regularization
of occupation/assignment by the 5th respondent. W.P.(C)No.20022
of 2024 is filed by the petitioners therein seeking a writ of
mandamus commanding the respondents not to evict them before
deciding the scope of rehabilitation of affected persons of the
eviction drive of the 1st respondent State of Kerala as ordered by
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
this Court in Ext.P19 common order dated 14.02.2024 in W.P.(C)
Nos.4224 and 5077 of 2024 and a writ of mandamus commanding
respondents 2 to 4 not to evict the petitioners from the properties
in their possession before finalisation of S.L.P. (Civil) No.17060 of
2024 before the Apex Court.
2. The petitioner in W.P.(C)No.17702 of 2024 pleaded that
his father C.V Joseph purchased 7 cents of property in survey
No.23/1 of Pooppara Village prior to 1977 from one P.V Pappachan.
His father had constructed a building bearing No.472/III of
Santhanpara Panchayat and it was renovated from time to time.
Tea Shops, stationery shops and even toddy shops were running
in the building with the licence issued by the Panchayat. Even prior
to 1977 the petitioner and his family possessed the land and the
building. The petitioner has applied for assignment and
regularisation of possession of 5 cents out of these 7 cents. On
20.10.2023 the Secretary of Santhanpara Panchayat issued Ext.P5
memo to the petitioner directing to demolish the unauthorized
construction allegedly made in the building. The Tribunal for Local
Self Government Institution, Thiruvananthapuram passed Ext.P6
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
order dated 02.11.2023 restraining the Panchayath from taking
any action on the basis of Ext.P5 memo and directed the
Panchayat to take fresh proceedings after identifying the property
of the petitioner and demarcating the alleged encroachment over
the puramboke land. One Thaskand and Baiju who made
constructions in river puramboke in survey No.23/1 of Pooppara
village were ordered to be evicted by the 2nd respondent and the
said order was challenged by them before this Court by filing
W.P.(C)No. 37424 of 2023. In that writ petition, the learned
Government Pleader submitted that 56 encroachers of river
Purmaboke were identified by the Government. Accordingly, by
Ext.P7 interim order dated 21.11.2023 this Court directed the
Revenue officials to remove the identified 56 encroachers in a
time-bound manner. Subsequently, by Ext.P8 final judgment dated
17.01.2024 in that writ petition this Court directed removal of the
encroachers in a time-bound manner. On the basis of Ext.P7 order,
the 4th respondent issued Ext.P9 order dated 16.12.2023 directing
eviction of 42 persons including the petitioner. The petitioner was
issued with Ext.P10 notice dated 16.12.2023 by the 4th respondent
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
under Section 13A of the Kerala Land Conservancy Rules. On
07.02.2024 without prior information, the respondents came with
Police assistance and took possession of a portion of the building
of the petitioner and permitted him to occupy the portion where
the employees are residing. Against Exts.P9 and P10, the
petitioner preferred Ext.P13 revision petition dated 03.02.2024
before the 2nd respondent District Collector, Idukki. The petitioner
challenged the eviction proceedings also before this Court by filing
W.P.(C)No.5077 of 2024. Some other evictees also filed
W.P.(C)No.4224 of 2024 before this Court. By Ext.P14 common
order dated 14.02.2024 both the writ petitions were disposed of
by this Court directing the 2nd respondent District Collector and
Santhanpara Grama Panchayat to consider the scope of
rehabilitation of the evictees. Only a portion of the building is
situated in the river puramboke and the remaining portion of the
building is situated in Government puramboke property suitable
for assignment /regularisation of occupation as per Special Rules
1993. The name of the petitioner is included in the list of persons
eligible for assignment of property under Special Rules 1993. If
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
respondents 2 to 4 succeed in evicting the petitioner from the
remaining portion of the building before deciding his eligibility for
assignment of land, irreparable injury and great hardship will be
caused to him. Hence he filed the writ petition.
3. According to the petitioners in W.P.(C)No.20022 of 2024
they have been in occupation of portions of vast puramboke
property available by the side of Panniyar River for more than 40
years. They have put up houses on that property. The 2 nd
respondent District Collector ordered eviction of one Thaskand and
Baiju who made constructions in the river puramboke in survey
No.23/1 of Pooppara Village. The said order was challenged by
those persons before this Court in W.P.(C)No. 37424 of 2023. The
said writ petition was finally disposed of by Ext.P15 judgment
dated 17.01.2024 which is mentioned as Ext.P8 in W.P.(C)No.
17702 of 2024. On the basis of Ext.P14 order, the 4th respondent
Tahsidlar, Udumbanchola issued Ext.P16 order dated 16.12.2023
directing eviction of 42 persons including the petitioners. On
07.02.2024 the respondents came to the building of the
petitioners with Police assistance and took possession of a portion
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
of the buildings and permitted them to occupy the residential
buildings, by preparing Exts.P17 and P18 mahazars dated
07.02.2024. The petitioners further pleaded that as per Ext.P19
common order dated 14.02.2024 of this Court in W.P.(C) Nos.
4224 of 2024 and 5077 of 2024 the 2nd respondent was directed
to consider the scope of rehabilitation of affected persons. In that
order, it was further directed that any obstructive construction
hindering the free flow of water in the river shall be removed and
no action shall be initiated against other buildings without
intimating this Court. It is also pleaded by the petitioners that
some evictees approached the Hon'ble Supreme Court by filing
S.L.P. (Civil) No.17060 of 2024 challenging Ext.P15 judgment of
this Court wherein by Ext.P20 order dated 30.04.2024 the Hon'ble
Apex Court ordered status quo with respect to persons who
approached the Apex Court. The petitioners are also entitled for
similar treatment as the Apex Court has already seized with the
matter and similarly situated persons were granted interim order
against further proceedings.
4. In W.P.(C)No.17702 of 2024, the 4th respondent Tahsildar
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
Udumbanchola filed a counter affidavit dated 08.11.2024
opposing the averments in the writ petition producing therewith
Exts.R4(a) to R4(e) documents. Paragraphs 4 to 7, 9 and 10 of
that counter affidavit read thus:
"4. It is submitted that the petitioner had constructed a two
storied building in 0.0316 Ha of land in resurvey numbers
185, 186 and 189 of Block 12 and a hotel and other
commercial establishments were being run in the building.
The building was evicted free of encroachment and the
same was sealed. However a small portion of the building
where some migrant employees were accommodated was
left as such.
5. It is submitted that the instant writ petition is filed with
a prayer to consider the assignability of land before
demolition of the building in the encroached land. The
petitioner is said to have submitted applications for
assignment of the land under the provisions of the Kerala
Land Assignment (Regularisation of Occupation of Forest
Lands Prior to 01.01.1977) Special Rules, 1993 as
evidenced by Exhibit P16 register. It is further contended
that the petitioner is not eligible for assignment under the
Rules as per Exhibit P15 Register prepared as part of
resurvey.
6. It is submitted that as per Rule 2(f) of the Kerala Land
Assignment (Regularisation of Occupation of Forest Lands
Prior to 01.01.1977) Special Rules, 1993, the lands eligible
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
for assignment should have been converted for non-
cardamom cultivation prior to 1.1.1977 and covered in the
Resurvey Records. The occupation of the petitioner in
0.0316 Ha of land stands surveyed and demarcated as
follows.
Resurvey Extent Status of land as per
No. Resurvey records
189 0.0171 Ha Government Road
Puramboke
185 0.0089 Ha Government River
Puramboke
186 0.0056 Ha Government Rock
Puramboke land
0.0316 Ha
7. It is submitted that none of the parcels of land are
recorded to have been occupied and converted for non-
cardamom cultivation prior to 1.1.1977. Therefore, the
question of assignment of land in favour of the petitioner
does not arise at all. The petitioner, in the Writ Petition,
undertakes to demolish the building in Road and River
portions and specifically demands assignment of Rock
Puramboke land. It is to be noted that the Rock Puramboke
land in unauthorised possession of the petitioner is only a
meagre 56 square metres in extent. Apart from a
mentioning to the effect that one Mr. T K Poulose has
encroached the land, there are no recordings in resurvey
records to the effect that the petitioner has any pre - 1977
occupation in the land in question. As such, the petitioner
has no eligibility for assignment of land in his favour.
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
xxxxx
9. It is submitted that since the constructions made by the
petitioner and others are encroaching the river puramboke,
the Disaster Management Authority has initiated
proceedings under the Disaster Management Act. The
District Collector as the Chairperson of the Disaster
Management Authority has issued proceedings dated
11.06.2024 to demolish 74 structures out of the 84
structures, as in the 14 buildings litigations pending before
the Supreme Court. True copy of the proceedings of the
District Collector and Chairperson of the District Disaster
Management Authority, Idukki dated 11.06.2024 is
produced herewith and marked as Exhibit R4(c).
Subsequently, the Disaster Management Authority has
conducteda meeting on 15.07.2024 and ratify the
proceedings of the Chairperson, District Disaster
Management Authority, Idukki, as contemplated under
Section 26(2) of the Disaster Management Act. True copy
of the proceedings of the District Disaster Management
Authority, Idukki dated 15.07.2024 is produced herewith
and marked as Exhibit R4(d).
10. It is submitted that the petitioner had filed a Revision
Petition before the District Collector as Ext.P13, challenging
the proceedings of the Tahsildar, Udubanchola. After
considering the said Revision Petition, the District Collector
has rejected the same stating that the Revision is not
maintainable and the appeal has to be filed before the
RDO/Sub Collector under Section 16. True copy of the
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
communication dated 16.08.2024 issued by the District
Collector is produced herewith and marked as Ext.R4(e)."
5. In W.P.(C)No.20022 of 2024 also the 4th respondent filed
a counter affidavit dated 19.10.2024 opposing the averments in
the writ petition and producing therewith Exts.R4(a) to R4(d)
documents. It is contended in that counter affidavit that the land
possessed by the petitioners is a river puramboke and not a road
puramboke as claimed. Paragraphs 11 to 14 of that counter
affidavit read thus:
"11. The issues relating to eviction and demolition of
structures as well as rehabilitation of evictees is being
considered by the Hon'ble High Court of Kerala in WP(C)
1801 of 2010. Later, as directed by the Hon'ble High Court,
a joint inspection of the area was ordered by the District
Collector and the same has been completed by officers of
the Departments of Revenue, Minor Irrigation, Local Self
Government, Public Works and representative of the District
Disaster Management Authority. It is found that during rainy
seasons in the year, Panniyar River becomes flooded with
water from tributaries as well as spilled water from
Anayirankal Reservoir. During other seasons also the river
is seen flooded owing to opening of Anayirankal Dam. On
the day of inspection, even in summer, considerable flow of
water through the river is noticed. The Joint Inspection
Team has concluded that all the constructions in River
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
Purampoke are causing obstruction to free flow of water. As
such, all the constructions in the identified encroached land
are to be demolished in order to ensure free flow of water
through Panniyar river and to avoid contamination of river
water. True copy of the report submitted by Joint Inspection
Team, dated nil is produced herewith and marked as Exhibit
R4(a). True copy of sketch showing encroachment in river
course and National Highway by the petitioners is produced
herewith and marked as Exhibit R4(b).
12. It is submitted that since the constructions made by the
petitioners and others are encroaching the river
puramboke, the Disaster Management Authority has
initiated proceedings under the Disaster Management Act.
The District Collector as the Chairperson of the Disaster
Management Authority has issued proceedings dated
11.06.2024 to demolish 74 structures out of the 84
structures, as in the 14 buildings litigations pending before
the Supreme Court. True copy of the proceedings of the
District Collector and Chairperson of the District Disaster
Management Authority, Idukki dated 11.06.2024 is
produced herewith and marked as Exhibit R4(c).
Subsequently, the Disaster Management Authority has
conducted a meeting on 15.07.2024 and ratify the
proceedings of the Chairperson, District Disaster
Management Authority, Idukki, as contemplated under
Section 26(2) of the Disaster Management Act. True copy
of the proceedings of the District Disaster Management
Authority, Idukki dated 15.07.2024 is produced herewith
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
and marked as Exhibit R4(d).
13. It is submitted that a number of encroachers are still
utilising buildings in the encroached land for
accommodation. This includes usage for purely residential
accommodation as well as for accommodation to run the
business in encroached lands. Three cases of encroachment
are by construction of religious structures. Further, some of
the evictees are still occupying space in front of the evicted
structures and carrying out petty commercial business,
even after eviction. The action further causes congestion in
the National Highway passing nearby. The issue has to be
taken care of by the authorities of National Highway
Authority of India.
14. It is submitted that the flow of water through Panniyar
river would be maximum during monsoon and when water
from Anayirankal Reservoir is released occasionally.
Obstruction created to the natural flow of water has, in past,
caused the flow to get deflected and water gushing to the
buildings creating havoc to the entire human life and
destruction to the private and public properties, and assets.
Nobody has the right to interfere with the free flow of rivers
and water channels, because the river flowing in its natural
way is entitled to be protected and preserved for the welfare
and well being of the people and future generations to
come. So also, carrying out constructions by encroaching
river bed is an act interfering with the right of citizenry to
enjoy the free flow of river through its natural bed and
thereby to live peacefully without any danger or destruction
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
caused by the calamities occurring due to such human
intervention. Still gravious is the contamination caused to
river water which is being used by thousands of people
downstream for their homely needs. The Government as
well as the Local Self Government Institutions are trustees
of the properties and the trust so reposed by the people are
to be discharged by the State as well as other authorities
with utmost care. Considering a similar situation the
Hon'ble Supreme Court in Susetha v. State of Tamil Nadu
and Others [(2006) 6 SCC 543] held that "14. Concededly,
the water bodies are required to be retained. Such
requirement is envisaged not only in view of the fact that
the right to water as also quality life are envisaged under
Art.21 of the Constitution of India, but also in view of the
fact that the same has been recognised in Art.47 and 48A
of the Constitution of India. Art.51A of the Constitution of
India furthermore makes a fundamental duty of every
citizen to protect and improve the natural environment
including forests, lakes, rivers and wildlife. [See Animal and
Environment Legal Defence Fund v. Union of India (AIR
1997 SC 1071), M. C. Mehta (Badkhal and Surajkund Lakes
Matter) v. Union of India [(1997) 3 SCC 715] and
Intellectuals Forum v. State of A.P [(2006) 3 SCC 549)]."
6. Heard the learned counsel for the petitioners and the
learned Senior Government Pleader.
7. The learned counsel for the petitioners submitted that the
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
petitioners have been in occupation of property in question for the
last several decades and their eviction from that property will
cause irreparable hardship to them.
8. The learned Senior Government Pleader submitted that
the Special Leave Petition filed by some other encroachers before
the Apex Court was dismissed as per the order dated 28.01.2025.
The petitioners have encroached into a river puramboke and made
constructions, so as to prevent free flow of water through the river.
The District Collector being the Chairman of the District Disaster
Management Committee already took a decision against the
petitioners. Hence the petitioners are not entitled for the reliefs
sought in the writ petition.
9. The perusal of materials on record would show that this
Court by an interim order dated 21.11.2023 in W.P.(C) 37424 of
2023 directed to remove the encroachers from the Government
property in Pooppara Village. That direction was made absolute
as per the judgment dated 17.01.2024 passed in that writ petition.
The Special Leave Petition filed by some of the encroachers before
the Apex Court is now stand dismissed as per the order dated
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
28.01.2025 in petition for Special Leave to Appeal (C) No.10637
of 2024 which was previously bearing Special Leave Petition (Civil)
diary No.17060 of 2024. The claim of the petitioners in these writ
petitions was based on the interim order dated 30.04.2024
granted by the Apex Court in that Special Leave Petition. Since the
Special Leave Petition now stands dismissed, the petitioners' claim
based on the interim order initially granted by the Apex Court will
not stand at present.
10. The Government has already taken a decision to evict
the petitioners from the encroached land and they were partially
evicted by invoking the provisions under the Kerala Land
Conservancy Act. It was at that time some of the encroachers
approached this Court by filing W.P.(C) No.4224 and 5077 of 2024
and W.P(C)No. 37424 of 2023. But all those writ petitions were
disposed of by this Court as said above. In the judgment dated
17.01.2024 in W.P.(C)No.37424 of 2023, this Court directed the
removal of encroachment in a time-bound manner and that was
partially effected also. However, further proceedings were stalled
due to the pendency of the Special Leave Petition before the Apex
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
Court. Now that proceedings also ended in dismissal.
11. From the documents produced along with the counter
affidavit it is evident that the District Disaster Management
Committee found that the unauthorised construction effected by
the petitioners caused hindrance to the free flow of water through
the river. The petitioners could not produce any documents to
prove that their occupation of the river puramboke can be
regularised under any of the provisions of law. The pleadings
pertaining to the same are completely absent in these writ
petitions. In such circumstances, the petitioners are not entitled
for the reliefs sought in the writ petitions.
In the result the writ petitions stand dismissed.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
sks
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
APPENDIX OF WP(C) 17702/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 15.12.1993 ISSUED
BY THE SANTHANPARA GRAMA PANCHAYAT AFTER
ACCEPTING LICENCE FEE FOR RUNNING A TEA SHOP IN
THE PETITIONER'S BUILDING
Exhibit P2 TRUE COPY OF THE LICENSE DATED 25.10.1994 ISSUED
BY THE SANTHANPARA GRAMA PANCHAYAT FOR RUNNING
TODDY SHOP IN THE PETITIONER'S BUILDING
Exhibit P3 TRUE COPY OF THE LICENSE DATED 01.11.1994 ISSUED
BY THE SANTHANPARA GRAMA PANCHAYAT FOR RUNNING
STATIONARY SHOP IN THE PETITIONER'S BUILDING
Exhibit P4 TRUE COPY OF THE RECEIPT DATED 30.03.2019 ISSUED
BY THE SANTHANPARA GRAMA PANCHAYAT
Exhibit P5 TRUE COPY OF THE MEMO ISSUED BY THE SECRETARY OF
THE SANTHANPARA GRAMA PANCHAYAT DATED 20.10.2023
Exhibit P6 TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL
SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM
DATED 02.11.2023
Exhibit P7 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE
COURT DATED 21.11.2023 IN W.P.(C) NO. 37424/2023
DIRECTED REMOVAL OF ENCROACHERS FROM THE
GOVERNMENT PROPERTY
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 17.01.2024 IN W.P.(C) NO. 37424/2023
Exhibit P9 TRUE COPY OF THE ORDER NO. TLKUDM/11202/2022-G2
OF THE 4TH RESPONDENT DATED 16.12.2023
Exhibit P10 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH
RESPONDENT DATED 16.12.2023
Exhibit P11 TRUE COPY OF THE MAHAZER PREPARED BY THE
RESPONDENTS 4 AND 6 DATED 07.02.2024 ALONG WITH
LEGIBLE COPY
Exhibit P12 TRUE COPY OF THE MAHAZER PREPARED BY THE 6TH
RESPONDENT DATED 07.02.2024
Exhibit P13 TRUE COPY OF THE REVISION FILED BY THE
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
PETITIONER DATED 03.02.2024 BEFORE THE 2ND
RESPONDENT WITHOUT EXHIBITS
Exhibit P14 TRUE COPY OF THE COMMON ORDER OF THIS HON'BLE
COURT IN W.P.(C)NO.4224/2024 AND
W.P.(C)NO.5077/2024 DATED 14.02.2024
Exhibit P15 TRUE COPY OF THE RELEVANT PAGE OF THE FIELD
REGISTER WITH RESPECT TO THE PROPERTY IN THE
POSSESSION OF THE PETITIONER OBTAINED UNDER THE
RIGHT TO INFORMATION ACT
Exhibit P16 TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER
MAINTAINED BY THE 5TH RESPONDENT FOR THE PURPOSE
OF ASSIGNMENT OF LAND, ALONG WITH DETAILS OF
APPLICATION DATED NIL
RESPONDENT EXHIBITS
EXHIBIT R4(a) True copy of the report submitted by Joint
Inspection Team dated nil.
EXHIBIT R4(b) True copy of sketch showing encroachment in
river course and National Highway by the
petitioners.
EXHIBIT R4(c) True copy of the proceedings of the District
Collector and Chairperson of the District
Disaster Management Authority, Idukki dated
11.06.2024.
EXHIBIT R4(d) True copy of the proceedings of the District
Disaster Management Authority, Idukki dated
15.07.2024.
EXHIBIT R4(e) True copy of the communication dated 16.08.2024
issued by the District Collector.
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
APPENDIX OF WP(C) 20022/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 1ST PETITIONER ON 22.10.2015
Exhibit P1(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
1ST PETITIONER ON 07.06.2017
Exhibit P2 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 2ND PETITIONER ON 07.02.2005
Exhibit P2(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
2ND PETITIONER ON 07.06.2017
Exhibit P3 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 3RD PETITIONER ON 17.02.2011
Exhibit P3(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
3RD PETITIONER ON 16.07.2015
Exhibit P4 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 4TH PETITIONER ON 21.10.2016
Exhibit P4(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
4TH PETITIONER ON 14.01.2022
Exhibit P5 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 5TH PETITIONER ON 25.11.1998
Exhibit P6 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 6TH PETITIONER ON 25.11.1998
Exhibit P6(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
6TH PETITIONER ON 18.03.2013
Exhibit P7 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 7TH PETITIONER ON 21.03.2011
Exhibit P7(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
7TH PETITIONER ON 27.03.2016
Exhibit P8 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 8TH PETITIONER ON 22.10.2015
Exhibit P8(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
8TH PETITIONER ON 28.09.2020
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
Exhibit P9 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 9TH PETITIONER ON 21.08.2000
Exhibit P9(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
9TH PETITIONER ON 21.11.2019
Exhibit P10 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 10TH PETITIONER ON 16.03.2016
Exhibit P10(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
10TH PETITIONER ON 07.06.2017
Exhibit P11 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 11TH PETITIONER ON 22.06.2002
Exhibit P11(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
11TH PETITIONER ON 19.09.2020
Exhibit P12 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 12TH PETITIONER ON 22.10.2015
Exhibit P12(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
12TH PETITIONER ON 21.05.2014
Exhibit P13 TRUE COPY OF THE VOTER IDENTITY CARD ISSUED TO
THE 13TH PETITIONER ON 22.10.2015
Exhibit P13(a) TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE
13TH PETITIONER ON 21.11.2015
Exhibit P14 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE
COURT DATED 21.11.2023 IN W.P.(C) NO. 37424/2023
DIRECTED REMOVAL OF ENCROACHERS FROM THE
GOVERNMENT PROPERTY
Exhibit P15 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 17.01.2024 IN W.P.(C) NO. 37424/2023
Exhibit P16 TRUE COPY OF THE ORDER NO. TLKUDM/11202/2022-G2
OF THE 4TH RESPONDENT DATED 16.12.2023
Exhibit P17 TRUE COPY OF THE MAHAZER PREPARED BY THE
RESPONDENTS 4 AND 5 DATED 07.02.2024 ALONG WITH
LEGIBLE COPY
Exhibit P18 TRUE COPY OF THE MAHAZER PREPARED BY THE 5TH
RESPONDENT DATED 07.02.2024
Exhibit P19 TRUE COPY OF THE COMMON ORDER OF THIS HON'BLE
COURT IN W.P.(C)NO.4224/2024 AND
WP(C)No.17702 and 20022 of 2024 2025:KER:27441
W.P.(C)NO.5077/2024 DATED 14.02.2024
Exhibit P20 TRUE COPY OF THE ORDER OF THE HON'BLE APEX COURT
DATED 30.04.2024 IN SLP (CIVIL) NO.17060/2024
RESPONDENT EXHIBITS
EXHIBIT R4(a) True copy of the report submitted by Joint
Inspection Team dated nil.
EXHIBIT R4(b) True copy of sketch showing encroachment in
river course and National Highway by the
petitioners.
EXHIBIT R4(c) True copy of the proceedings of the District
Collector and Chairperson of the District
Disaster Management Authority, Idukki dated
11.06.2024.
EXHIBIT R4(d) True copy of the proceedings of the District
Disaster Management Authority, Idukki dated
15.07.2024.
