This writ petition by landless Adivasis sought directions to allot land from a specific Sy. No. The court disposed of the petition, ordering that the entitlement and eligibility of the petitioners be considered in accordance with existing rules, referencing a similar judgment from the same court.
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
TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934
WP(C).No. 8262 of 2010 (G)
PETITIONERS:
1. AMMINI MATHEW AGED 59 YEARS, RESIDING AT THOTTIYIL HOUSE 301 ZINCKANDOM, CHINNAKKANAL VILLAGE UDUMPANCHOLA TALUK, IDUKKI DISTRICT.
2. ROSAMMA.M.S., D/O.LATE SAMUEL, AGED 60 YEARS, RESIDING AT MUNDAPPLACKAL HOUSE KURINJI TALUK, MOONNILAVU VILLAGE KOTTAYAM DISTRICT NOW RESIDING AT ZINC KANDOM COLONY, CHINNAKKANAL VILLAGE, UDUMPANCHOLA TALUK IDUKKI DISTRICT.
BY ADV. SRI.K.J.GEORGE KUNNUMPURATH
RESPONDENTS:
1. STATE OF KERALA THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, IDUKKI.
3. THE TAHSILDAR, UDUMPANCHOLA TALUK.
BY GOVERNMENT PLEADER, SMT.SUSEELA BHATT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 8262 of 2010 (G)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: A TRUE COPY OF THE MINUTES HELD ON 16/10/2001 EXT.P2: A TRUE COPY OF REPLY DT 12/11/2002 EXT.P3: A TRUE COPY OF THE REPRESENTATION DT 10/07/2009 EXT.P4: TRUE COPY OF THE JUDGEMENT IN WPC NO.18846 AND 22424/2011 DT 29/09/2011
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
BP
T.R. Ramachandran Nair, J.
- - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) No. 8262 of 2010
- - - - -- - - - - - - - - - - - - - - - - - - - -
Dated this the 19th day of June, 2012
JUDGMENT
The petitioners herein are landless Adivasis residing in Chinnakkanal Village in Idukki district. They are mainly seeking for a direction to allot land to each of them in compliance with Exts.P1 and P2, out of 1490 acres in Sy. No.34/1 of Chinnakkanal Village. Various aspects have been pointed out in the writ petition.
““3. In W.P.(C) No.18846/2011, a statement has been filed on behalf of the 1st respondent wherein in paragraphs 7 and 8, it is stated thus:
WPC.8262/2010
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.
In the light of the above, the writ petition is disposed of and the entitlement and eligibility of the petitioners will also be considered in accordance with the rules in the matter. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/
1 issue framed by the court
Whether land should be allotted to landless Adivasis in compliance with previous court directions.
AMMINI MATHEW
ROSAMMA.M.S.
STATE OF KERALA
THE DISTRICT COLLECTOR, IDUKKI
THE TAHSILDAR, UDUMPANCHOLA TALUK
T.R. RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
