T.R. Ramachandran Nair J disposed of a writ petition by the adivasi petitioners seeking assignment of land. The court directed authorities to conduct enquiries regarding the eligibility of adivasi petitioners and expedite consideration of their applications for land allotment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934
WP(C).No. 816 of 2012 (B)
PETITIONER(S):
1. SARAMMA JOSEPH,AGED 40 YEARS,
2. ANNAMMA SAMUVEL,
3. K.J. SEBASTIAN,
4. SIJO JOSEPH,
5. JOHNSON JOSEPH,
6. MANOJ KULAPPURAM,
7. SARAMMA SAMUVEL,
8. ARUN KONGOLA,
9. JAMES JOSEPH, PULIYANMACKAL, SINGUKANDAM P.O., UDUMBANCHOLA TALUK, CHINNAKANAL VILLAGE, IDUKKI.
10. ANEESH KONGOLA, SINGUKANDAM P.O., UDUMBANCHOLA TALUK, CHINNAKANAL VILLAGE, IDUKKI.
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WP(C)NO.816/2012
11. ELSAMMA GEORGE, EDAPPANATT, SINGUKANDAM P.O., UDUMBANCHOLA TALUK, CHINNAKANAL VILLAGE, IDUKKI.
12. RAJAN,
13. LAISAMMA JOSEPH,
14. ANSARI P.A.,
15. USHA JAIMON,
16. SATHI,
17. K.J. THOMAS,
18. PHILIP THOMAS,
19. JOSEPH,
20. SABU VADASSERY,SINGUKANDAM P.O., UDUMBANCHOLA TALUK,
21. THANKACHAN VETTUKALLAL,
22. SUSY,KEECHERIYIL,
BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO
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WP(C)NO.816/2012
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001.
2. THE PRINCIPAL SECRETARY,
3. THE SECRETARY,
4. THE SECRETARY,
5. THE DISTRICT COLLECTOR, IDUKKI.PIN-685 001
6. THE TAHSILDAR,UDUMBANCHOLA TALUK.PIN-685 619
7. THE VILLAGE OFFICER,CHINNAKANAL VILLAGE.PIN-685 618
BY SPL. GOVT. PLEADER SMT.SUSHEELA BHATT,(FOREST DEPARTMENT)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)NO.816/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1: TRUE COPY O FTHE MINUTES DATED 16/10/2001.
EXHIBIT P2: TRUE COPY OF THE INTIMATION LETTER DATED 12/11/2002.
EXHIBIT P3: TRUE COPY OF THE G.O.(RT)NO. 1684/2003/RD DATED 13/6/2003.
EXHIBIT P4: TRUE COPY OF THE REPORT DATED 13/1/2005.
EXHIBIT P5: TRUE COPY OF THE INTIMATION LETTER DATED 23/2/2010.
EXHIBIT P6: TRUE COPY OF THE LETTER DATED 2/3/2010.
EXHIBIT P7: TRUE COPY OF THE INTIMATION LETTER DATED 15/3/2010.
EXHIBIT P8: TRUE COPY OF THE REPRESENTATION DATED 2/6/11.
EXHIBIT P9: TRUE COPY OF THE COMPLAINT DATED 28/6/2011.
EXHIBIT P10: TRUE COPY OF THE INTIMATION LETTER DATED 21/6/2011.
EXHIBIT P11: TRUE COPY OF THE JUDGMENT DATED 20/7/2011 IN W.P. © 19260/2011 OF THE HON'BLE HIGH COURT.
EXHIBIT P12: TRUE COPY OF THE ORDER DATED 18/8/2011.
EXHIBIT P13: TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 12/10/1994.
EXHIBIT P14: TRUE COPY OF THE ORDER DATED 1/12/2009.
EXHIBIT P15: TRUE COPY OF THE CASTE CERTIFICATES
EXHIBIT P16: TRUE COPY OF THE FORWARDING LETTER ALONG WITH THE APPLICATION SUBMITTED BY THE PETITIONER'S 1,2,5,6 AND 19.
RESPONDENTS' EXHIBITS :
EXT.A(1) COPY OF THE G.O.(P)NO.63/01/SCSTDD DATED 09/11/2001 EXT.A(2) COPY OF THE G.O.(P)NO.41/02/SCSTDD DATED 20/07/2002
/TRUE COPY/
P.A.TO.JUDGE
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T.R. RAMACHANDRAN NAIR, J.
--------------------------------------W.P.(C) No.816 OF 2012
Dated this the 10th day of September, 2012.
J U D G M E N T
There are 22 petitioners herein who have joined together to claim assignment of land in Chinnakanal village in Idukki District. This writ petition is filed claiming that they are adivasies. Various
details have been averred in the writ petition to show that they are entitled for such assignment. Ext.P12 order is specifically under challenge also. In Ext.P12 order, the view taken is that the assignment applications cannot be considered as the land sought for is given on lease to the Hindustan News Print Ltd. and many of the parties are encroachers also.
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was decided to allot land to an extent of not less than 5 acres to adivasies, in places like Sugandhagiri, Pookode etc. where land is available and to allot land not less than 1 Acre and upto 5 Acres wherever possible to adivasies who are landless/in possession of land less than 1 Acre. The Government Order allotting land in Pookode and Sugandhagiri have been mentioned in the said paragraph.
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stated that no land is remaining in those survey numbers for assignment to tribes and some of the land are covered with steep rocks and some others are the habitats of wild elephants. It is further averred that the Government, as per G.O.(P) No.63/01/SCSTDD dated 09.11.2001, constituted TRDM for allotment of land and over all development of STs who are landless or in possession of land less than 1 Acre and the guidelines for selection of beneficiaries of TRDM have been stipulated as per G.O.(P) No.41/02/SCSTDD dated 20.07.2002 and the said Government Orders have been placed on record as Exts.A(1) and A(2). It is also stated that the petitioners are not beneficiaries of TRDM and that the 3rd , 6th , 8th , 10th and 17th
petitioners belong to Roman Catholic Syrian Christian Community, which is a forward community and not tribal community. The 3rd , 8th and 10th petitioners together possess almost 3½ Ares of non Patta land in Vathikudy village. The 8th petitioner is in possession of certain non patta land in Vathikudy village and he is a beneficiary of EMS Housing Scheme launched by the Government. The 1st , 5th , 9th and 19th petitioners are also
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known to be possessing patta land in Kanjikuzhy village of Thodupuzha Taluk. The 19th petitioner possesses 0.37.46 hectares of land in Sy.No.242/10, Block No.48, Thandapper No.1720 in Kanjikuzhy village. He also has 0.07.94 hectares of land in Sy.No.175/1. He was also granted sanction for selling 0.1320 hectares of tribal land in Sy.No.175/1 under KST Act 1999, as per proceedings No.3570/C8/11 dated 26.02.2011. At that time the applicant namely, father of the 1st petitioner had given an affidavit that, he will not make any further claim for land. The 1st petitioner has inherited right on the properties of her father. It is averred in paragraph 5 as follows:
“......However as no land suitable for assignment is available in Idukki, Government will have to take a policy decision for distribution of land to landless/eligible STs of Idukki district for which Government need an extended time of six more months......”.
series (corrected as Ext.P16 series) stated to be the applications filed by some of the petitioners who are adivasies before the Tribal Resettlement and Development Mission. Learned counsel
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for the petitioners submits that the said applications have been forwarded to the Project Director, Integrated Tribal Development Project, Idukki who in turn has forwarded the same to the Site Manager, Tribal Resettlement and Development Mission, Munnar.
the claim of adivasies for allotment of land and the other petitioners cannot claim the benefit of any scheme available for adivasies.
Therefore, as far as the petitioners who belong to adivasies are concerned, appropriate authorities will conduct due enquiries and if they are eligible, steps will be finalised for allotment of land wherever it is available and ordered to be assigned by the
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Government. Ext.P16 applications accordingly will be considered expeditiously and such petitioners who belong to adivasies will be
informed about the result of the same.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE
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2 issues framed by the court
Whether the Tribunal resolved the claim of the adivasi petitioners for land allotment by directing authorities to conduct enquiries.
Whether non-adivasi petitioners are entitled to the benefit of the Tribal Resettlement and Development Mission scheme.
Saramma Joseph and Others
State of Kerala
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
