[Cites 1, Cited by 0]
Kerala High Court
One Earth One Life vs Union Of India on 12 January, 2026
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
W. P. (PIL) No. 6 of 2026
-1-
2026:KER:1618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
WP(PIL) NO. 6 OF 2026
PETITIONER/S:
ONE EARTH ONE LIFE
(REG. NO. S.246/1988, KANNUR), 'USHUS',
PERAMANGALAM, P.O., THRISSUR, REPRESENTED BY ITS
LEGAL DIRECTOR, TONY THOMAS, S/O. THOMAS, AGED 67
YEARS, RESIDING AT KIZHAKKEKARA HOUSE,
IRUMBAKACHOLA, KANJIRAPUZHA P.O., PALAKKAD
DISTRICT- 688591, PIN - 680545
BY ADVS.
SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
SHRI.DARSHAN A.D.
SMT.DEBORAH THAMBI
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF ENVIRONMENT AND FOREST, 6TH FLOOR,
PRITHWI WING, INDIRA PARYAVARAN BHAVAN, JOR BAGH
ROAD, ALI GANJ, NEW DELHI, PIN - 110003
2 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN
- 695001
W. P. (PIL) No. 6 of 2026
-2-
2026:KER:1618
3 PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF
REVENUE, 2ND FLOOR, NORTH BLOCK SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
4 PRINCIPAL SECRETARY OF FOREST DEPARTMENT
FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA., PIN - 695014
5 PRINCIPAL CHIEF CONSERVATOR OF FORESTS
FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA., PIN - 695014
6 LAND REVENUE COMMISSIONER, OFFICE OF THE
COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKHAS
BHAVAN P.O, THIRUVANANTHAPURAM, KERALA., PIN -
695033
OTHER PRESENT:
SRI.S.KANNAN-SR.GP
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION)
HAVING COME UP FOR ADMISSION ON 12.01.2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (PIL) No. 6 of 2026
-3-
2026:KER:1618
JUDGMENT
Dated this the 12th day of January, 2026
Soumen Sen, C. J.
This Public Interest Litigation has been filed by an
organization registered in the year 1988 under the Societies
Registration Act, 1860, alleging that the circular issued by
the Government of Kerala dated 6 th November, 2025 (Ext. P6)
is an attempt to regularise encroachers after a cut-off date
has been clearly earmarked, i.e., 1st January, 1977, by the
Ministry of Environment, Forest and Climate Change,
Government of India.
2. The learned counsel appearing on behalf of the
organization has referred to various Exhibits, including Exts.
P4 and P5, to demonstrate that the attempt made by the
Government of Kerala to conduct joint verification for the
purpose of collecting information of the settlers is an attempt
to regularise encroachers who are not covered by the
permission granted by the Ministry of Environment, Forest
and Climate Change on 31st January, 1995. The learned
counsel has referred to Rule 2(f) of the Kerala Land
2026:KER:1618
Assignment (Regularisation of Occupations of Forest Lands
Prior to 1.1.1977) Special Rules, 1993, and has submitted
that, by virtue of the said Rule, it is no more open for the
State of Kerala to undertake a fresh exercise for the purpose
of identification of encroachers in any of the districts,
irrespective of the fact whether they are covered under the
permission letter of the Government of India dated 31 st
January, 1995.
3. We have carefully perused the Government of Kerala
circular dated 6th November, 2025. In our respectful reading
of the said circular along with Exts. P1 and P4, it appears
that the permission of the Ministry of Environment, Forest
and Climate Change was restricted to forest land in the
districts of Idukki, Pathanamthitta, Thrissur, Ernakulam and
Kollam, and does not cover any other district where forest
land could be found. The exercise appears to be to identify
the list of encroachers who may be entitled to the benefit of
regularisation under the Kerala Land Assignment
(Regularisation of Occupations of Forest Lands Prior to
1.1.1977) Special Rules, 1993, on account of their status as
2026:KER:1618
encroachers prior to 1st January, 1977. Moreover, it appears
that no finality can be attached to the said circular, as there
is no permission on record suggesting that the encroachers
have been identified and that they have been rehabilitated on
forest land.
4. In our view, this Public Interest Litigation is
premature. Even if an exercise is undertaken in terms of the
circular dated 6th November, 2025, formal approval of the
Ministry of Environment, Forest and Climate Change is
required for the purpose of diversion of land for the
regularisation of pre 1st January, 1977 encroachments.
5. With the aforesaid observations, we dispose of the
writ petition.
Sd/-
SOUMEN SEN
CHIEF JUSTICE
Sd/-
DR. A. K. JAYASANKARAN NAMBIAR
JUDGE
Eb
2026:KER:1618
APPENDIX OF WP(PIL) NO. 6 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER NO.
GO(MS)NO.655/1989/RD DATED 31.08.1989
Exhibit P2 A TRUE COPY OF GO(MS)NO.172/92/RD DATED
03.03.1992
Exhibit P3 A TRUE COPY OF THE JUDGMENT IN
O.P.NO.6579 OF 1983 DATED 05.02.1993
Exhibit P4 A TRUE COPY OF THE LETTER
NO.8/118/86/FC DATED 31.1.1995 ISSUED
BY THE ADDL. INSPECTOR GENERAL OF
FOREST; MINISTRY OF ENVIRONMENT AND
FOREST
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
4.9.2015 IN O.P.NO.18467 OF 2002
Exhibit P6 A TRUE COPY OF THE ORDER NO. REV-
L1/235/2025-REV DATED 06.11.2025 WITH
ITS TRANSLATION
