Allowed

Raman Iravi v. State of Kerala

Kerala HC1 Nov 2016WP(C)/19599/2008

Case brief

AI extract

What is this about?

This High Court of Kerala disposed of a writ petition filed by landless Adivasis aggrieved by delay in land allotment and possession. The court directed the authorities to rectify survey errors, process pending applications, and implement the Government order allotting agricultural land within four months to eligible beneficiaries.

What did the court decide?

Directing the District Collector and other respondents to rectify survey errors in existing pattas and allot agricultural land to eligible pending applicants within four months.

Raman Iravi Vs State of Kerala — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938

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WP(C).No. 19599 of 2008 (G)

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PETITIONER(S):

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1. RAMAN IRAVI, CHEMBANPLACKAL, PANNIYAR P.O., PANTHADIKKALAM, NOW RESIDING AT VILAKKU CHINNAKKANAL.

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2. LEELA RAMAN, KAVITHADATHIL HOUSE, CHINNAPPARA, T.S.COLONY, ADIMALY P.O, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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3. GOVINDAN KUMARAN, S/O.KUMARAN, CHACKOPLACKAL, SOORYANELLI P.O., PANTHADIKKALAM, NOW RESIDING AT, VILAKKU, CHINNAKKANAL.

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4. JOMON, S/O.GOVINDAN, CHACKOPLACKAL, SOORYANELLI P.O., PANTHADIKKALAM, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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5. MATHEW JOSEPH, PALLIKKUNNEL, PANNIYAR PO, PANTHADIKKALAM NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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6. SANTHOSH.P.C., S/O.CHANDRAN, PUTHANPURACKAL HOUSE, PINAVOORKUDI, URULANTHANNI P.O., ERNAKULAM DISTRICT, PIN - 686 691, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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7. GIRISHKUMAR P.S., S/O.SASIKUMAR,

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PADAPPANATTU HOUSE, PINAVOORKUDI, URULANTHANNI P.O., ERNAKULAM DISTRICT, PIN - 686 691, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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8. SAJIMON N.A., NEDUMKALLIL, SENAPATHI, IDUKKI NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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9. NARAYANAN, MADAPPARAYIL, MURIKKASSERI, IDUKKI NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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10. YASAKKYEL, NEDUMKALLIL, SENAPATHI, IDUKKI NOW RESIDING AT VILAKKU, CHINNAKKANAL.

....2/-

..2..

WP(C).No. 19599 of 2008 (G)

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11. ANNAMMA.T.D., KARINJATTIL VEEDU, UPPUTHARA, IDUKKI, NOW RESIDING AT VILAKKU CHINNAKKANAL.

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12. RANI CHANDRAN, PALLIPARAMBIL, ADIMALI, IDUKKI NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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13. RAMAN RAJU, VELIYAMPARA, T.S.COLONY, MANGULAM P.O. NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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14. RETHIRAJ M.R., MARUTHUR PUTHANPURAYIL VEEDU, URULUNTHANNI P.O., PINAVOORKUDI, ERNAKULAM NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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15. D'CRUZ DANIEL, KUNJUKANJIRATHINKAL, UDUMBANCHOLA, IDUKKI NOW RESIDING AT, VILAKKU, CHINNAKKANAL.

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16. RISHIRAJ.N.K., NELLIYAMKAL, URULANTHANNI P.O., PINAVURKUDI, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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17. OMANANARAYANAN, SOORYANELLI COLONY, SOORYANELLI (P.O), NOW RESIDING AT, VILAKKU, CHINNAKKANAL.

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18. ELIYAMMA JACOB, EANTHANAL, VELLIKULAM (P.O), KARYAD, PEERUMEDU, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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19. SUNITHA BABU, THALUMKUNDAM SETTLEMENT COLONY, MANKULAM (P.O) NOW RESIDING AT, VILAKKU, CHINNAKKANAL.

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20. PUSHPA RAJAN, VARAMBANAL, VELLIHYAMATTOM, POOCHAPPRA, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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21. VINOD VARAMBANAL, VELLIYAMATTOM, POOCHAPPRA, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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22. SAM KUNJU, PAYIPPATTU HOUSE, MATHAYIPPARA (P.O), KOOVALETTOM NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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23. GEORGEKUTTY, PAYIPPATTU HOUSE, MATHAYIPPARA (P.O), KOOVALETTOM, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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24. ANI GOPI, EETTIKKLA HOUSE, MATHAYIPPARA (P.O), KANNAMPADY, MEMARIY NOW RESIDING AT VILAKKU, CHINNAKKANAL.

.....3/-

..3..

WP(C).No. 19599 of 2008 (G)

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25. JACOB K.H., KARINJATTIL,MATHAYIPPARA (P.O), NOW RESIDING AT, VILAKKU, CHINNAKKANAL.

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26. GEEMON, PADAPPANADU, URULANTHANNI (P.O), PINAVOORKUDI, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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27. CHEKKAN DEVADAS, MANKULAM SETTLEMENT COLONY, MANKULAM, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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28. JOGI GOVINDAN, SHALOMPLAKKAL, MATHAYIPPARA (P.O), KANNAMPADY, MEMARI NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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29. BAU KURUMBANAYIKKAL, MATHAYIPPARA (P.O), KUMARIKULAM, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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30. RAJAGOPALAN PADAPPANADU, URAMTHANNI (P.O), PINAVURKUDY, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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31. MADHU PADAPPANADU, PAYIPPATTU HOUSE, MATHAYIPPARA (P.O), KOOVALETTOM, NOW RESIDING AT VILAKKU, CHINNAKKANAL.

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BY ADVS.SRI.C.A.CHACKO

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SMT.C.M.CHARISMA

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SRI.N.A.SHAFEEK

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SC/ST DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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3. THE CHAIRMAN (CHIEF SECRETARY TO GOVERNMENT) ADHIVASI REHABILITATION DEVELOPMENT MISSION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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4. THE DISTRICT COLLECTOR, IDUKKI.

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5. THE TAHSILDAR, UDUMBANCHOLA, IDUKKI DISTRICT.

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6. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT.

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BY SPL. GOVERNMENT PLEADER SRI.M.L.SAJEEVAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19599 of 2008 (G)

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APPENDIX

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PETITIONERS' EXHIBITS

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P1: COPY OF CERTIFICATE ISSUED TO THE 1ST PETITIONER DT.22/1/2003

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P2: COPY OF APPLICATIONS SUBMITTED BY PETITIONER 6 TO 16

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P3: COPY OF THE DECISION DATED 16/10/2001

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P4: COPY OF PATTAYAMS ISSUED TO PETITIONERS 1 TO 5, 17 AND 18

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P5: COPY OF THE GOVERNMENT ORDER DATED 9/11/2001

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P6: COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 27/11/2007.

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RESPONDENTS' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.V.ASHA, J.

W.P(C) No.19599 of 2008-G

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Dated this the 1st day of November, 2016

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JUDGMENT

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The grievance of the petitioners who are Adivasis (tribals) is that they are not yet allotted land for cultivation despite assurances made to them. In the cases of some of them, even though patta was issued, actual possession of land are not given and even description of the property including the survey number shown in the patta differs from that of the property assigned.

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The petitioners claim that they are landless tribals, residing at Vilakku in Chinnakkanal. On the basis of a declaration of Government's decision to assign land to landless tribals, all of them submitted applications for assignment of land before the Tahsildar, Udumbanchola, as per Ext.P2 series submitted on 25.01.2001 in the prescribed forms, under the Tribal Settlement Scheme. Thereafter, petitioners 1 to 5, 17, 18 were issued pattas as per Ext.P4 series on 07.11.2003 in respect of 0.4047 hectares of land in Chinnakkanal Village of Udumbanchola Taluk in Idukki district. But they submit that

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W.P(C) No.19599 of 2008-G 2

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even though those pattas were issued, the actual possession of land is not given to them physically and they are not put in possession of the said land covered by the pattas i.e they are not able to enjoy the land assigned to them, since the survey numbers of the land assigned to them are not those appearing in the Patayams.

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At the same time, petitioners 6 to 16 and 19 to 31 did not get even such pattas as in the case of others. The petitioners submit that their applications in Ext.P2 series are still pending consideration, ie. to the knowledge of the petitioners no steps are taken on their applications.

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The petitioners submit that on the basis of demands made by the leaders of tribals for allotment of land, a meeting was convened by the Chief Minister with the leaders of the tribals on 16.10.2001, in which it was decided that the tribals would be alloted land as decided therein. It was assured that land would be allotted to the tribals in a time bound manner, as provided in the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes, Act, 1999 (Act 12 of 1999). First among the decisions taken in the said meeting was to the effect that each of the families of the landless Adivasis

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W.P(C) No.19599 of 2008-G 3

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would be allotted agricultural land having an extent of not less than 1 acre, and steps would be taken to see that they are able to earn their livelihood. Even though all the petitioners submitted applications even before those decisions, the petitioners submit that the applications submitted by most of them remain without any consideration, though all of them are landless tribals and Government had even thereafter, by Ext.P5 order issued on 09.11.2001, ordered that the landless tribals would be allotted agricultural land of 1 acre in extent and constituted Tribal Resettlement Development Mission, in order to ensure the welfare and rehabilitation of the tribals. The petitioners' complaint is that even after constitution of the Mission, no positive action is taken through the mission. The petitioners have approached this Court, aggrieved by the delay in implementing Ext.P3 decision,

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The 1^st respondent has filed a counter affidavit stating that the Government had already issued pattas to 708 landless tribals at Chinnakkanal. In this counter affidavit filed on 29.05.2010 it was assured that the Government would take all possible steps for allotment of land. However it was stated that there was no application pending before the Tahsildar,

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W.P(C) No.19599 of 2008-G 4

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Udumbanchola from the landless tribals. But the petitioners dispute the same. However, it is not stated that whether the applications of the petitioners were rejected or whether they were found ineligible. It is also stated that in the case of the land already allotted, some of the allottees had exchanged their plot without the consent from the revenue authorities and therefore, these survey numbers are mistaken. However, the respondents have stated that in case any of the tribals wanted to rectify the anomalies, steps would be taken for redressing their grievance.

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Therefore, it is upto petitioners 1 to 5, 17 and 18, who complain that there is mistake in survey numbers, to approach the authorities pointing out the same to get it corrected. In that event, the respondents shall see that the land allotted to them are in the correct survey numbers and to see that the petitioners are benefited by actual assignment of land by putting them in possession of the same, without any further delay.

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The respondents have stated that 142 acres of land remained to be allotted to the beneficiaries and the Government is taking all efforts to allot the remaining land. Even though this counter affidavit was filed as early as in 2010, the petitioners

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W.P(C) No.19599 of 2008-G

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submit that no steps are taken on their applications for allotting the land in their case, who are landless tribals. In the last paragraph of the counter affidavit, it is stated as follows:

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“The first and foremost aim of the Kerala Government is to rehabilitate all the landless Tribals and Dalits by providing land for their shelter. Government and the Tribal |Resettlement and Development Mission are taking all effective steps to distribute land to the landless tribals in a time bound manner. If any of the petitioners are also found eligible to get land their applications will be considered favourably and land allotted anywhere in Idukki District according to availability of land.”

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In these circumstances, the petitioners shall approach the 3^rd respondent, who is the Chairman of the Adivasi Rehabilitation Development Mission, who shall take effective steps, as assured in the counter affidavit to see that the eligible landless tribals are allotted land in terms of Ext.P4. It is also pertinent to note that in view of the judgment of the Apex Court directing implementation of the provisions contained in the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999, it is the bounden duty of the State as well as the 4^th respondent and the officers under it to see that the provisions contained therein are implemented. As per the provisions contained in the Act, the landless tribals are to be allotted agricultural land. I have already in my judgment dated 08.09.2016 in W.P(c).No.25215 of 2010, while considering the

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cases of Adivasis from Palakkad district, directed the respondents to take effective steps for allotment and assignment of land to the eligible and needy tribals and to see that such land reaches only to the eligible tribals.

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In these circumstances, this writ petition is disposed of directing such of the petitioners who require correction in the patta issued to them to approach the 4^th respondent and the 4^th respondent to consider their applications for rectification in the pattas already issued to them and to take expeditious steps to rectify the same without any further delay.

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The respondents shall also consider the applications submitted by petitioners 6 to 16 and 19 to 31 in Ext P2 series, and in case they are found eligible, take steps in accordance with the decision taken in Ext.P3 and as ordered in Ext.P5 and in the light of judgment dated 08.09.2016 in W.P(c).No.25215 of 2010, without any delay. The petitioners are free to submit fresh representations pointing out their claims before the resettlement committee along with copy of the judgment, referring to their earlier applications.

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Appropriate action shall be taken by the respondents to

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W.P(C) No.19599 of 2008-G 7

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implement Ext.P5 order, within a period of 4 months from the

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date of receipt of a copy of the judgment.

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Sd/(P.V.ASHA, JUDGE)

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rtr/

Raman Iravi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Raman Iravi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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