[Cites 4, Cited by 0]
Kerala High Court
Yeshwanth Shenoy vs State Of Kerala on 21 January, 2026
W. P. (PIL) No. 73 of 2025
-1-
2026:KER:5096
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(PIL) NO. 73 OF 2025
PETITIONER/S:
YESHWANTH SHENOY
AGED 46 YEARS
PRIYADARSHINI VEEKSHNAM ROAD ERNAKULAM, PIN -
682018
BY ADV YESHWANTH SHENOY(PARTY-IN-PERSON)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 CUSTODIAN
ECOLOGICALLY FRAGILE LANDS, FOREST HEAD QUARTERS,
PANGODU P.O; THIRUVANANTHAPURAM., PIN - 695035
3 DIVISIONAL FOREST OFFICER
MARAYOOR FOREST DIVISION IDUKKI, PIN - 685620
4 PRINCIPAL SECRETARY
REVENUE DEPARTMENT, 4TH FLOOR, SOUTH BLOCK,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
5 DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA, PAINAVU P.O; IDUKKI,
PIN - 685603
W. P. (PIL) No. 73 of 2025
-2-
2026:KER:5096
6 TAHSILDAR
TALUK OFFICE, DEVIKULAM, IDUKKI., PIN - 685613
7 PRINCIPAL SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT, ROOM NO. 505,
5TH FLOOR, ANNEX 1, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
8 SECRETARY
KANTHALLOOR GRAMA PANCHAYATH, KANTHALLOOR P.O;
IDUKKI, PIN - 685620
9 KERALA STATE HUMAN RIGHTS COMMISSION
REPRESENTED BY ITS SECRETARY TURBO PLUS TOWER PMG
JUNCTION VIKAS BHAVAN P.O; THIRUVANANTHAPURAM,
PIN - 695033
10 KERALA WOMANS COMMISSION
REPRESENTED BY ITS MEMBER SECRETARY NEAR LOURDES
CHURCH, P.M.G, PATTOM P.O, THIRUVANANTHAPURAM,
PIN - 695004
11 KERALA STATE COMMISSION FOR SCHEDULED CASTES AND
SCHEDULED TRIBES
REPRESENTED BY ITS CHAIRMAN OFFICE OF SCHEDULED
TRIBES DEVELOPMENT DEPARTMENT, GROUND FLOOR,
SOUTH BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
12 DISTRICT SUPERINDENT OF POLICE
CIVIL STATION, KUYILIMALA, PAINAVU P.O, IDUKKI,
PIN - 685603
13 KERALA STATE BIODIVERSITY BOARD
REPRESENTED BY IT'S SECRETARY, KAILASAM, TC
24/3219, NO. 43, BELHAVEN GARDENS, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN - 695003
14 KERALA STATE LEGAL SERVICES AUTHORITY
REPRESENTED BY IT'S MEMBER SECRETARY, NIYAMA
SAHAYA BHAVAN, HIGH COURT COMPOUND, ERNAKULAM,
PIN - 682031
15 DIRECTOR
DIRECTORATE OF VIGILANCE AND ANTI- CORRUPTION
W. P. (PIL) No. 73 of 2025
-3-
2026:KER:5096
BUREAU, VIKAS BHAVAN, LAW COLLEGE ROAD, OPPOSITE
KSRTC DEPOT, PALAYAM P.O, THIRUVANANTHAPURAM, PIN
- 695033
BY ADVS.
SHRI.SASITH PANICKER, SC, KANTHALLOOR GRAMA
PANCHAYAT
SMT.A.PARVATHI MENON
SHRI.V.MANU, SPL.G.P. TO A.G.
SHRI.V. TEKCHAND, SR. GP
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION)
HAVING COME UP FOR ADMISSION ON 21.01.2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (PIL) No. 73 of 2025
-4-
2026:KER:5096
JUDGMENT
Dated this the 21st day of January, 2026
Soumen Sen, C. J.
Heard Mr. Yeshwanth Shenoy, party-in-person, Ms.
Hasna Jabil, learned counsel representing Mr. Sasith
Panicker, learned Standing Counsel for the respondent
Panchayat, and Mr. V. Tekchand, learned Senior Government
Pleader.
2. A preliminary objection is taken with regard to the
maintainability of this public interest litigation. This public
interest litigation has been filed by an Advocate of this Court.
It is submitted that inhabitants belonging to the Scheduled
Tribe and marginalised sections of society have been illegally
dispossessed by declaring their land to fall within the purview
of the Kerala Forest (Vesting and Management of Ecologically
Fragile Lands) Act, 2003 (Act of 2003). The petitioner submits
that the statutory compliances prior to taking possession
have not been complied with. The petitioner has referred to
Section 3(2) of the Act of 2003 to contend that the mandatory
2026:KER:5096
requirement of referring the matter to an Advisory Committee
before implementing the provisions of the Act has not been
complied with.
3. The learned Senior Government Pleader submits that
this public interest litigation is not maintainable, as the
persons alleged to be aggrieved by the said decision have an
efficacious alternative remedy before the Tribunal constituted
under Section 10 of the Act of 2003.
4. In Ext. R2(c) filed along with the counter affidavit, the
2nd respondent has furnished particulars of litigations
instituted by persons claiming rights over the properties
covered by the impugned notification. It is further submitted
that the Forest Department, on 26.10.2013 (Ext. P4), issued a
notification under Section 3(1) of the Act of 2003 declaring
that the ownership and possession of the ecologically fragile
lands described in the Schedule thereto, held by any person
or any other form of right over them, would vest in the State
free from all encumbrances, and that the said notification has
been challenged only after nearly 12 years. In between,
2026:KER:5096
representations have been made, including mass
representations on 01.10.2021 and 06.01.2022. Several
persons aggrieved by the notification had approached the
Tribunal, and it is disclosed in the counter affidavit that, in
some matters, the applicants have been granted favourable
orders.
5. Prima facie, it appears that the said notification has
not been fully implemented, or could not have been
implemented, due to the intervention of the Tribunal or the
Court, as the case may be. Moreover, we are of the view that
the question as to whether the land can be classified as
ecologically fragile requires an examination of facts, which
the Tribunal is better equipped to decide.
6. Mr. Yeshwanth Shenoy, the Advocate appearing in
person, submitted that he had raised the issue in the
Committee meeting of KeLSA for extending legal aid to
persons who are unable to approach the Court; however, no
final decision has been taken in this regard. It is further
submitted that the Tahsildar has permitted the transfer of
2026:KER:5096
land in favour of one Mr. George Thomas, as would appear
from Ext. P25, which could not have been allowed if the
Government had considered the land to be ecologically fragile
land.
7. Without entering into the controversy as to whether
legal aid ought to have been extended at that point of time,
we permit the petitioner before us to approach KeLSA for the
purpose of redressal of the grievance and to seek assistance
for invoking legal remedies before the Tribunal constituted
under the Act of 2003, and if the said Tribunal is
approached, applications from such persons shall be
accepted by the Tribunal without insisting on a separate
application for condonation of delay, having regard to the fact
that the Tribunal is already considering matters in which the
said issues are pending and that the matter concerns the
livelihood of the persons affected by the said notification.
8. We direct the Member Secretary, KeLSA, and the
Secretary, DLSA, Idukki, to obtain immediate and proper
instructions from the persons mentioned in Ext. P12 and to
2026:KER:5096
take immediate steps to file appropriate applications before
the Tribunal after obtaining the necessary consent and
approval from such persons. It would be open to the
applicants in the said applications to pray for interim
protection or restoration of possession, as the case may be.
The Tribunal deciding the said applications shall first
ascertain whether the land was ever treated as ecologically
fragile land and examine the subsequent conduct of the
Government in relation to those lands, as prima facie, it
appears that on 30.10.2021, a patta was issued in favour of
Mr. George Thomas by the Tahsildar in respect of a portion of
land which falls within the ecologically fragile land. There
could be numerous instances of such transfers having been
permitted, and the Tribunal shall direct the authorities
concerned to produce the entire records for a proper
adjudication of the dispute, as the Government cannot treat
the land as partly fragile and partly non-fragile for the
purpose of extending the provisions of the Act.
9. We make it clear that we have not gone into the
merits of the matter and the Tribunal shall decide the matter
2026:KER:5096
in accordance with law.
10. Accordingly, the writ petition is disposed of.
Sd/-
SOUMEN SEN
CHIEF JUSTICE
Sd/-
SYAM KUMAR V. M.
JUDGE
Eb
2026:KER:5096
APPENDIX OF WP(PIL) NO. 73 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PATTA AND THE ATTACHED
REPORTS BELONGED TO ONE P. DORASWAMY
GRANTED ON 29.01.1977 ALONG WITH IT'S
ENGLISH TRANSLATION.
Exhibit P2 TRUE COPY OF PATTA BELONGED TO ONE
MALYAMMAL GRANTED ON 23.05.1977
Exhibit P3 TRUE COPY OF THE PATTA BELONGED TO ONE
JAYALAKSHMI THANKAVELU GRANTED ON
17.02.1993
Exhibit P4 THE TRUE COPY OF THE GAZETTE
NOTIFICATION DATED 3RD DECEMBER 2013,
ISSUED UNDER SECTION 3(1) OF THE KERALA
FOREST (VESTING AND MANAGEMENT OF
ECOLOGICALLY FRAGILE LANDS) ACT, 2003.
Exhibit P5 THE TRUE COPY OF THE REPORT, ALONG WITH
THE CERTIFICATE OF THE DIVISIONAL
DATED 01.08.2013ALONG WITH IT'S ENGLISH
TRANSLATION
Exhibit P6 THE TRUE COPY OF THE LETTER DATED
03.11.2017 FROM KSM CHANDRA BOSS AND
OTHERS TO KERALA STATE SCHEDULE CASTE
AND SCHEDULE TRIBE COMMISSIONER ALONG
WITH ITS ENGLISH TRANSLATION
Exhibit P7 THE TRUE COPY OF THE LETTER DATED
13.03.2017 FROM ONE JAYALAKSHMI
THANKAVELAN TO THE KERALA STATE HUMAN
RIGHTS COMMISSION, KERALA STATE VANITHA
COMMISSION AND KERALA STATE SCHEDULED
CASTE AND SCHEDULED TRIBES COMMISSION,
ALONG WITH ITS ENGLISH TRANSLATION
Exhibit P8 THE TRUE COPY OF THE LETTERS DATED
14.03.2017 FROM KSM GEORGE AS WELL AS
V.SUBHAIAH, SECRETARY, AKHILA INDIA
KISSAN SABHA TO SRI RAJU ABRAHAM,
PETITION COMMISSION CHAIRMAN,
LEGISLATIVE ASSEMBLY, TRIVANDRUM, ALONG
WITH ITS ENGLISH TRANSLATION
Exhibit P9 THE TRUE COPY OF THE LETTER DATED NIL
FROM ANCHUNADU KARSHAKA SAMRAKSHANA
2026:KER:5096
SAMITHI TO STATE MINISTER FOR FOREST
ALONG WITH ITS ENGLISH TRANSLATION
Exhibit P10 THE TRUE COPY OF THE MASS PETITION
DATED 01.10.2021 SUBMITTED BY RESIDENTS
OF KEEZHANTHOOR VILLAGE TO ADV A. RAJA,
MEMBER OF LEGISLATIVE ASSEMBLY ALONG
WITH THE NOTE OF ADV A. RAJA TO REVENUE
MINISTER ALONG WITH ENGLISH TRANSLATION
Exhibit P11 THE TRUE COPY OF THE LETTER DATED
06.01.2022 FROM KOVILKADAVU KARSHAKA
SAMRAKSHANA SAMITHI TO STATE FOREST
MINISTER ALONG WITH ITS ENGLISH
TRANSLATION
Exhibit P12 THE TRUE COPY OF THE RESOLUTION PASSED
BY KANTHALLOOR GRAMA PANCHAYATH DATED
18.07.2017 IN THE EXTRA ORDINARY
GENERAL BODY MEETING ALONG WITH ENGLISH
TRANSLATION
Exhibit P13 THE TRUE COPY OF THE LETTER DATED
17.12.2018 FROM TAHSILDAR (LR),
DEVIKULAM TO DISTRICT COLLECTOR, IDUKKI
ALONG WITH THE LIST OF MEMBERS OF THE
COMMUNITY WHO LOST THEIR LANDS ALONG
WITH ENGLISH TRANSLATION
Exhibit P14 THE TRUE COPY OF THE LETTER DATED
18.09.2018 FROM DISTRICT POLICE
SUPERINTENDENT, IDUKKI TO DISTRICT
COLLECTOR, IDUKKI ALONG WITH LETTER
DATED 07.06.2018 FROM DISTRICT POLICE
SUPERINTENDENT, IDUKKI TO ADDITIONAL
DISTRICT MAGISTRATE, IDUKKI AND LETTER
DATED 08.04.2018 FROM SUB INSPECTOR OF
POLICE, MARAYUR TO DEPUTY POLICE
SUPERINTENDENT, MUNNAR ALONG WITH IT'S
ENGLISH TRANSLATIONS
Exhibit P15 THE TRUE COPY OF THE LETTER DATED
26.02.2019 FROM DISTRICT COLLECTOR,
IDUKKI TO ADDITIONAL CHIEF SECRETARY,
REVENUE (P) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM ALONG
WITH IT'S ENGLISH TRANSLATION
Exhibit P16 THE TRUE COP OF THE NOTES FROM JAFFER
KHAN S, UNDER SECRETARY, REVENUE (P)
DEPARTMENT DATED 18.03.2019 IN RESPONSE
TO EXHIBIT P6 ALONG WITH IT'S ENGLISH
TRANSLATION
2026:KER:5096
Exhibit P17 THE TRUE COPY OF THE REPORT OF BENSY J,
ADDITIONAL SECRETARY DATED 19.03.2019
IN RESPONSE TO EXHIBIT P6 ALONG WITH
IT'S ENGLISH TRANSLATION
Exhibit P18 THE TRUE COPY OF THE COMMUNICATION,
ISSUED FROM VARIOUS OFFICES OF THE
REVENUE DEPARTMENT, FORMS PART OF THE
OFFICIAL RESPONSE TO THE GRIEVANCES
RAISED BY THE DISPLACED MEMBERS OF THE
COMMUNITY, ALONG WITH IT'S ENGLISH
TRANSLATION
Exhibit P19 THE TRUE COPY OF THE ORDER DATED
22.01.2019 OF KERALA STATE SCHEDULED
CASTE/ SCHEDULED TRIBES COMMISSION IN
NO. 5470/A3/2017/IDK/KSCSC&ST, ALONG
WITH IT'S ENGLISH TRANSLATION
Exhibit P20 TRUE COPY OF THE AFFECTED TITLE HOLDER
SUBMITTED AN APPLICATION UNDER THE
RIGHT TO INFORMATION ACT TO THE 2ND
RESPONDENT, AND THE REPLY DATED
06.10.2021FURNISHED THERETO ALONG WITH
IT'S ENGLISH TRANSLATION
Exhibit P21 THE TRUE COPY OF THE JUDGMENT RENDERED
IN O.A. NO. 2 OF 2014DATED 14.10.2019
Exhibit P22 THE TRUE COPY OF THE CADASTRAL MAP
PUBLISHED BY THE KERALA STATE
BIODIVERSITY BOARD
Exhibit P23 THE TRUE COPY OF THE JUDGEMENT DATED
21-01-2015 IN O.S.NO.200/2009 OF THE
MUNSIFF COURT, DEVIKULAM
Exhibit P24 THE TRUE COPY OF THE DECREE DATED 21-
01-2015 IN O.S.NO.200/2009 OF THE
MUNSIFF COURT, ERNAKULAM
Exhibit P25 THE TRUE COPY OF PATTA ISSUED ON
30.10.2021 TO SRI. GEORGE THOMAS,
VELUTHEDATHU PARAMBIL, PUTHUVETTU
Exhibit P26 THE TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT CONSTITUTING A DISTRICT-
LEVEL COMMITTEE ALONG WITH GUIDELINES
FOR THE VOLUNTARY RELOCATION OF WILLING
AND ELIGIBLE FAMILIES FROM NON-TRIBAL
PRIVATE SETTLEMENTS WITHIN FOREST
AREAS, ALONG WITH IT'S ENGLISH
TRANSLATION
Exhibit P27 A TRUE COPY OF THE PATTA ISSUED ON
30.01.2019 TO SMT. GEETHA SURESH,
2026:KER:5096
VAZHAPPILLY HOUSE, PUTHUVETTU,
KEEZHANTHOOR
RESPONDENT EXHIBITS
EXHIBIT R2(A) A COPY OF THE NOTIFICATION NO. EFL 12-
35/2006 DATED 31.08.2006
EXHIBIT R2(B) A COPY OF THE NOTIFICATION NO. EFL10-
311/2013 DATED 26.10.2013
EXHIBIT R2(C) A TABLE SHOWING LITIGATIONS BY THE
PERSONS CLAIMING RIGHTS OVER THE 6
PROPERTIES COVERED BY EXHIBITS R2 (A)
AND (B) NOTIFICATIONS
EXHIBIT R2(D) A LOCATION SKETCH OF EFL NOTIFICATION
NO. 10-311/2013 DATED 26.10.2013
EXHIBIT R2(E) A COPY OF THE ORDER OF THIS HONOURABLE
COURT DATED 28.02.2024
EXHIBIT R2(F) A COPY OF THE LIST OF BENEFICIARIES
UNDER THE SCHEME RKDP AS PART OF
REBUILD KERALA INITIATIVE.
