THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2012, ALONG WITH WP(C)NO.13035 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.6902/2007

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1(A) TO P1(E)	COPY OF THE ELECTION IDENTITY CARD, RATION CARD, CASTE CERTIFICATE DATED 23/12/2003,NON POSSESSION OF LAND CERTIFICATE DATED 30/1/2004,INCOME CERTIFICATE ISSUED BY THE VILLAGE OFFICER, UPPUTHARA DATED 30/1/2004 ETC, RELATED TO 1ST PETITIONER.
P2(A) TO P2(D)	COPY OF THE CERTIFICATE OF CASTE,NON POSSESSION OF PROPERTIES, INCOME,ELECTION IDENTITY CARD ETC. RELATED TO THE 2ND PETITIONER.
P3(A) TO P3(D)	COPY OF THE CERTIFICATES AND DOCUMENTS OF COMMUNITY,RATION CARD,INCOME ETC. RELATED TO THE 3RD PETITIONER.
P4(A) TO P4(D)	COPY OF THE CERTIFICATE OF COMMUNITY,ELECTION IDENTITY CARD AND INCOME CERTIFICATE ETC. RELATED TO THE 4TH PETITIONER.
P5(A) TO P5(F)	COPY OF THE ELECTION IDENTITY CARD, RATION CARD AND CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KANJIKUZHI FOR THE NON POSSESSION OF LAND AND CASTE CERTIFICATE ISSUED BY THE TAHSILDAR AND INCOME CERTIFICATE ETC. RELATED TO THE 5TH PETITIONER.
P6(A) TO P6(C)	COPY OF THE ELECTION IDENTITY CARD AND RATION CARD ETC. RELATED TO THE 6TH PETITIONER.
P7(A) TO P7(E)	COPY OF THE DOCUMENTS OF NON- POSSESSION OF PROPERTIES COMMUNITY CERTIFICATE DATED 9/7/2003 ISSUED BY TAHSILDAR, THODUPUZHA, ELECTION IDENTITY CARD, INCOME CERTIFICATE ISSUED BY VILLAGE OFFICER, KANJIKUZHI ON 12/6/2003 ETC. RELATED TO THE 7TH PETITIONER.
P8	COPY OF THE NOTIFICATION DATED 12/11/2002 ISSUED BY THE 1ST RESPONDENT.
P9	COPY OF THE PATTA DATED 7/11/2003 ISSUED BY THE 3RD RESPONDENT TO MR.BIJU JANARDANAN.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.S.TO.JUDGE

sts

T.R. Ramachandran Nair, J.

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

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W.P.(C) Nos.6902/2007, 13035/2008, 13213/2008, 7991/2010, 12899/2010, 12932/2010& 12994/2010

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

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Dated this the 8th day of June, 2012

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JUDGMENT

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All these writ petitions were filed by the petitioners seeking identical reliefs and therefore they are disposed of together.

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The only prayer of the petitioners is that a direction may be issued to the respondents to allot the required land each to the petitioners in Chinnakkanal Village. According to the petitioners, they are landless Adivasees and the Government as per Ext.P2 order produced in W.P.(C) No. 12932/2010, gave a reply to the effect that 1500 acres of revenue land is available for allocation in Chinnakkanal Village in Idukki district. It is pointed out that no worthwhile efforts have been taken in the matter in spite of various representations submitted by them.

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In the statement filed on behalf of the third respondent, it is mentioned that various parties including the petitioners have encroached into various extents of land in Chinnakkanal Village, in the land leased to Hindustan Newsprint Limited by the Department of Forests, Kerala State. The land encroached is actually Revenue land which is handed over to the

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WPC.6902/2007, etc. - 2-

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Forest Department for preservation. Subsequent to the Captive Plantation Agreement entered into between the Kerala State and Hindustan Newsprint Limited, the land in question was leased out to Hindustan Newsprint Limited by the Forest Department for planting Eucalyptus to meet their requirement of the same for the production of newsprint. The Government and the Hindustan Newsprint Limited vide agreement dated 4.10.2007 have extended the lease for further 14 years and the lease agreement is still in force. It is also explained that the assurance given by the Government is subject to availability of land.

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Heard learned counsel for the petitioners and learned Special Government Pleader appearing for the respondents.

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Learned Counsel for the petitioners submitted that in an identical matter this Court disposed of W.P.(C) Nos.18846 & 22424 of 2011, by judgment dated 29.9.2011 and the petitioners are satisfied if a direction is issued in the light of the above judgment. In fact, in the counter affidavit filed in W.P.(C) No.7991/2010, the second respondent has also produced a copy of the said judgment.

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The above judgment will show that the writ petitions were disposed of in the light of the averments contained in the statement filed on behalf of the first respondent. Para 3 of the judgment is extracted below:

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WPC.6902/2007, etc. - 2-

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“3. In W.P.(C) No.18846/2011, a statement has been filed on behalf of the 1^st respondent wherein in paragraphs 7 and 8, it is stated thus:

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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 to 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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It is submitted that the land assigned could not be handed over to 142 assignees due to 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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These writ petitions are accordingly disposed and the claim raised by

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the petitioners will have to be considered in the light of the directions already issued in the above judgment. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

Chellamma v. State of Kerala

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Chellamma v. State of Kerala

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