Disposed

Sasi Adhichan v. the Tahsildar, Udumbanchola

Kerala HC29 Sept 2011WP(C)/18846/2011

Case brief

AI extract

What is this about?

The High Court disposed of writ petitions filed by Adivasis seeking non-eviction from occupied land and regularization of their possession. The court noted the Government's policy against evicting Adivasis from encroached land until alternate land is allotted and that the statement file recorded confirmed this stance, leading to the disposal of the writs.

What did the court decide?

The writ petitions are disposed of based on the Government's policy and the statement submitted by the first respondent regarding the allotment of alternate land and non-eviction.

Sasi Adhichan Vs the Tahsildar, Udumbanchola — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933

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WP(C).No. 18846 of 2011(E)

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--------------------------

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PETITIONER(S):

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-----------------------

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1. SASI ADHICHAN, SECRETARY, AKHILA KERALA ADIVASI KSHEMA SAMITHY, KUTHUNKAL UNIT, CHINNAKANAL.

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2. GOPINATHAN, PRESIDENT, AKHILA KERALA ADIVASI KSHEMA SAMITHY, KUTHUNKAL UNIT, CHINNAKANAL.

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3. SREENIVASAN, VICE PRESIDENT, AKHILA KERALA ADIVASI KSHEMA SAMITHY, KUTHUNKAL UNIT, CHINNAKANAL.

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BY ADV. SRI.P.RAMAKRISHNAN

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RESPONDENT(S):

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------------------------

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1. THE TAHSILDAR, UDUMBANCHOLA, NEDUNKANDOM, IDUKKI-685 553.

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2. THE DISTRICT COLLECTOR, IDUKKI, PIN-685 508.

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3. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695 001.

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SR. GOVERNMENT PLEADER SMT.M.J.RAJASHREE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH WPC NO. 22424 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.18846/11

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APPENDIX

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PETITIONERS' EXHIBITS

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EXT.P1: TRUE COPY OF DECISION TAKEN AT THE MEETING HELD ON 16.10.2011.

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EXT.P2: TRUE COPY OF INFORMATION SUPPLIED BY THE PUBLIC INFORMATION OFFICER, TALUK OFFICE, UDUMBANCHOLA UNDER THE RIGHT TO INFORMATION ACT.

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EXT.P3: TRUE COPY OF PATTA ISSUED TO SRI.THANKAPPAN. EXT.P4: TRUE COPY OF PATTAS ISSUED TO SRI.RAJU. EXT.P5: TRUE COPY OF PATTA ISSUED TO SRI.GOPINATHAN. EXT.P6: TRUE COPY OF PATTA ISSUED TO SRI.MOHANAN. EXT.P7: TRUE COPY OF PATTA ISSUED TO SMT.MINI BABU. EXT.P8: TRUE COPY OF PATTA ISSUED TO SRI.SREENI. EXT.P9: TRUE COPY OF PATTA ISSUED TO SRI.GOPALAN. EXT.P10: TRUE COPY OF PATTA ISSUED TO RAVI PANDYAN. EXT.P11: TRUE COPY OF PATTA ISSUED TO SRI.RAJAPPAN THANKAPPAN. EXT.P12: TRUE COPY OF CIRCULAR DATED 10.8.09 ISSUED BY THE STATE.

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EXT.P13: TRUE COPY OF OBJECTION DT 14.12.2009 OF THE 1ST RESPONDENT.

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EXT.P14: TRUE COPY OF REPLY DT 21.11.07 OF THE PUBLIC INFORMATION OFFICER, TALUK OFFICE GIVEN UNDER THE RIGHT TO INFORMATION ACT.

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EXT.P15: TRUE COPY OF REPLY DATED 28.2.11 OF THE PUBLIC INFORMATION OFFICER, TALUK OFFICE GIVEN UNDER THE RIGHT TO INFORMATION ACT. EXT.P16: TRUECOPY OF REPRESENTATION DT 23.6.11 OF THE PETITIONERS BEFORE THE 2ND RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NOs. 18846 & 22424 OF 2011

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===========================

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Dated this the 29^th day of September, 2011

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J U D G M E N T

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The petitioners in WP(C) No. 18846/11 represent the Adivasis and the petitioner in WP(C) No. 22424/11 is claiming to be an Adivasi.

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In these writ petitions, they pray that the Government may be directed not to evict them from the places occupied by them and that the respondents should be directed to regularise their occupation and possession of the lands in Chinnakanal village occupied by persons like them.

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In WP(C) No. 18846/11, a statement has been filed on behalf of the 1^st respondent, where in paragraphs 7 and 8, it is stated thus:-

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“7. The policy of the Government of Kerala is that Adivasis will not be evicted from encroached land until alternate land is made available to them. Before allotting such alternate land, it has be ensured that the petitioners are actually landless people eligible for assignment. It is submitted that the respondents are not taking any hasty steps to evict the adivasis in occupation and eviction will be carried out only after allotting alternate land to them.

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8. It is submitted that the land assigned could not be handed over to 142 assignees due to

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WPC Nos. 18846 & 22424 OF 2011

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:2 :

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encroachment by others, subsequent Court cases and frequent attacks of wild animals. The Government is looking for alternate land for allotment to eligible adivasis and assignment will be done immediately on finding out suitable lands.”

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In the light of the aforesaid averments contained in the

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statement, recording the same, the writ petitions are disposed of.

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ANTONY DOMINIC, JUDGE

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Sasi Adhichan v. the Tahsildar, Udumbanchola

Case brief

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Sasi Adhichan v. the Tahsildar, Udumbanchola

Case brief

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