Kerala High Court
Girijan Sevak Samathi vs State Of Kerala on 28 July, 2025
1
W.P.(C) No.11818 of 2017
2025:KER:55406
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 11818 OF 2017
PETITIONER:
GIRIJAN SEVAK SAMATHI
REPRESENTED BY ITS JOINT SECRETARY,
SRI.GANESAN, AGED 35 YEARS, S/O.CHELLAN,
DHANYAM HOUSE, PALOOR P.O., PIN-678 581,
ATTAPADY PADAVAYAL VILLAGE, MANNARKAD.
BY ADVS.
SRI.RUSSEL JOY
SRI.JOHN JOSEPH(ROY)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT OF KERALA
DEPARTMENT OF LOCAL ADMINISTRATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
3 PROJECT DIRECTOR
EXECUTIVE DIRECTOR AHADS-CCPRM,
AGALY PO, PALAKKAD-678 581.
4 DIRECTOR
KERALA INSTITUTE OF LOCAL ADMINISTRATION,
MULAGUNNATHUKAVU, THRISSUR-680 581.
2
W.P.(C) No.11818 of 2017
2025:KER:55406
5 GOVERNMENT OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF ENVIRONMENT, FOREST & SCHEDULED
TRIBES, CENTRAL SECRETARIAT, NEW DELHI-110 001.
BY ADVS.
SRI.E.G.GORDEN, SENIOR GOVERNMENT PLEADER
SRI.V.A.MUHAMMED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C) No.11818 of 2017
2025:KER:55406
JUDGMENT
The petitioner, a society stated to be registered for carrying
out activities in connection with the welfare of tribals, has filed the
captioned writ petition, seeking to challenge Exts.P6 and P12
orders, by which another society by name AHADS (Attappady Hills
Area Development Society) has been closed down, and the
activities of the said society entrusted to the 4th respondent
herein.
2. I have heard Sri.John Joseph (Roy), the learned
counsel for the petitioner, Sri.V.A.Muhammed, the learned
Standing Counsel for the 4th respondent and Sri.E.G.Gorden, the
learned Senior Government Pleader.
3. This Court notices that pursuant to Ext.P6 Government
Order and the later Government Order at Ext.P12, the activities of
AHADS have been stopped by transferring the activities
undertaken by the said society to the 4th respondent herein. The
grievance of the petitioner in this writ petition is about the abrupt
stoppage of AHADS as above, without making any alternate
arrangements for carrying on the various activities already
entrusted to AHADS as seen from Ext.P1.
2025:KER:55406
4. Though, Sri.John Joseph, the learned counsel for the
petitioner, states that pursuant to Exts.P6 and P12, the activities
of AHADS have been stopped as above, without making any
alternate arrangements, I notice the counter affidavit filed by the
4th respondent, wherein it has been averred as under;
"20) The transformation made in Attapady through the old
AHADS can be regained through the Panchayats and their
development initiatives. It is submitted that KILA has a
specialized centre "SC and ST Resource centre", with the
mandate of data collection, analysis, reporting, information
dissemination, training, action programmes, handholding,
etc. that are being done on an exemplary manner. The
AHADS-CCPRM transferred to KILA as regional centre is now
named as "KILA: Centre for Tribal Development & NRM" for
focusing and continuing the activities of old AHADS. And the
steps for the same are in progress."
This Court notices that no reply has been filed to the afore affidavit
by the petitioner also.
5. Hence, going by the uncontroverted averments in
paragraph No.20 of the counter affidavit filed by the 4th
respondent, the activities of AHADS have been transferred to the
4th respondent, and the 4th respondent is continuing the activities
of the AHADS.
2025:KER:55406
6. In such circumstances, I am of the opinion that the
petitioner may not be justified in contending that the activities of
the AHADS are not continuing after Exts.P6 and P12.
7. On the afore, Sri.John Joseph prays that he may be
granted an opportunity to point out that the contents of the
counter affidavit referred to above is not correct and that the
projects already initiated pursuant to Ext.P1 have been abruptly
stopped. Taking note of the afore contention, I permit the
petitioner to make an appropriate representation to the competent
among the respondents, pointing out about the grievances as
above, within a period of four weeks from the date of receipt of a
certified copy of this judgment. If such a representation is being
filed, the competent among the respondents to consider the same
and pass a considered order after hearing the petitioner also,
within a further period of four months from the date of receipt of
the representation as above.
This writ petition is ordered as above.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2025:KER:55406
APPENDIX OF WP(C) 11818/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AHADS PROJECT DETAILS IN
CO-OPERATION WITH JICA.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
APPRECIATION DATED 19-10-2009 TO AHADS BY
JAPAN INTERNATION CO-OPERATION AGENCY.
EXHIBIT P3 TRUE COPY OF THE NOTICE REGARDING
CONTRACT FOR CONSULTING SERVICES ISSUED
BY THE OVERSEAS ECONOMIC CO-OPERATION
FUND, NEW DELHI OFFICE.
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY
GOVERNMENT OF KERALA TRANSFERRING AHADS
INTO AHADS-CCPRM GO(MS)NO.201/2013/LSGD
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3-2-2016
ISSUED BY THE EXECUTIVE DIRECTION TO THE
PRINCIPAL SECRETARY.
EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BY THE
UNDERSECRETARY, GOVERNMENT OF KERALA,
DATED 17-8-2016 NO.2463/2016.
EXHIBIT P7 MEMORANDUM SUBMITTED BY THE ATTAPPADY
AHADS JANAKIYA SAMITHI TO ASSET
VERIFICATION COMMITTEE MEMBERS DATED 31-
12-2016.
EXHIBIT P8 TRUE COPY OF NEWS ITEM REPORTED IN
MALAYALA MANORAMA ONLINE DATED 17-1-2017
EXHIBIT P9 TRUE COPY OF NEWS ITEM IN THE HINDU DAILY
DATED 16-12-2016.
EXHIBIT P10 TRUE COPY OF NEWS ITEM IN THE TIMES OF
INDIA DATED 13-12-2016.
EXHIBIT P11 TRUE COPY OF NEWS ITEM IN THE TIMES OF
INDIA DATED 8-1-2017.
EXHIBIT P12 TRUE COPY OF THE ORDER ISSUED BY THE
PRINCIPAL SECRETARY TO GOVERNMENT OF
2025:KER:55406
RESPONDENTS' EXHIBITS
EXHIBIT R2(a) TRUE COPY OF G.O.(MS) NO.42/95/RDD DATED
31.10.1995.
EXHIBIT R2(b) TRUE COPY OF G.O. (RT) NO.2463/2016/LSGD
DATED 17.08.2016
EXHIBIT R2(c) TRUE COPY OF G.O. (MS) NO.57/2017/LSGD
DATED 16.03.2017
EXHIBIT R1(a) TRUE COPY OF LETTER DATED 08.09.2017 FROM
PRINCIPAL CONSERVATOR OF FORESTS,KERALA
EXHIBIT R1(b) ORIGINAL RECEIPT OF RECEIPT DATED
17.10.2018 FOR SENDING COPY OF COUNTER
AFFIDAVIT TO THE COUNSEL.
