Disposed

"Janasakthi" Idukki Unit, Represented by Its President a.P.Mathew v. State of Kerala

Kerala HC3 Sept 2021WP(C)/19962/2018

Case brief

AI extract

What is this about?

The Court directed the Chief Secretary to implement the High Power Committee decisions of 2008 regarding land disputes between the District Panchayat and KSEB. The petitioners sought mandamus to enforce these decisions and quash a building permit, but the Court declined the quash order, instead directing action on the committee decisions within two months.

What did the court decide?

Directed the Chief Secretary to implement High Power Committee decisions of 15.12.2008 and consider Ext.P7 representation within two months from receipt of the judgment.

"Janasakthi" Idukki Unit, Represented by Its… — Public Procurement and Tenders | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

¶7

WP(C) NO. 19962 OF 2018

¶8

PETITIONERS:

¶9

1 "JANASAKTHI" IDUKKI UNIT, REPRESENTED BY ITS PRESIDENT A.P.MATHEW, AGED 55 YEARS, S/O. PAULOSE, AAYATHUPADATHU HOUSE, IDUKKI COLONY P.O., THANNIKANDAM - 685 602.

¶10

2 IDUKKI CITIZEN FORUM FORUM, REPRESENTED BY ITS PRESIDENT BY ITS PRESIDENT RAJU XAVIER, AGED 57 YEARS, S/O. SAURYA (XAVIER), KUTHANAPILLIL HOUSE, THADIYAMPADU P.O., IDUKKI - 685 602.

¶11

3 BENNY P.L., AGED 51 YEARS, S/O. LUKA, POONTHURUTHIL HOUSE, IDUKKI COLONY P.O., 685 602.

¶12

4 THOMAS THOMAS, AGED 55 YEARS, S/O. THOMAS, KAVALAM PUTHENPARAMBIL HOUSE, IDUKKI COLONY P.O., 685 602.

¶13

BY ADV SRI.S.K.MURALEEDHARA KAIMAL

¶14

RESPONDENTS:

¶15

1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶16

2 THE HIGH POWER COMMITTEE FOR SETTLING INTER DEPARTMENTAL DISPUTES REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶17

¶18

THE DISTRICT COLLECTOR, IDUKKI COLLECTORATE, PAINAVU P.O. - 685 603.

¶19

4 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE DEPUTY CHIEF ENGINEER, L.P.CIRCLE, VAZHATHOPE, IDUKKI COLONY P.O. - 685 602.

¶20

5 THE DISTRICT PANCHAYAT, IDUKKI REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYATH OFFICE, PAINAVU P.O.- 685 603.

¶21

6 THE VAZHATHOPE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, THADIYAMPADU P.O. - 685 602.

¶22

BY ADVS.SRI.K.P.HARISH , SR. GOVT.PLEADER SRI.UNNIKRISHNAN V.ALAPATT, SC, IDUKKI DISTRICT PANCHAYATH SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD LIMITED JOICE GEORGE SRI.B.PRAMOD, SC FOR R4

¶23

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

WP(C) NO.19962 OF 2018

¶25

:: 2 ::

¶26

JUDGMENT

¶27

S.MANIKUMAR, C.J.

¶28

Petitioners in this writ petition are stated to be the members of the organizations of Janasakthi and Citizen Forum, formed and functioning mainly against corruption, injustice, etc. and for the upholding of the human rights and values especially, to the poor downtrodden people of Idukki District.

¶29

First petitioner is the President of the Janasakthi, Idukki District Committee and the 2^nd petitioner is the President of the Idukki Citizen Forum, Idukki Central Committee.

¶30

The grievance of the petitioners in this writ petition is with respect to the inaction on the part of the respondents in implementing the decisions of the High Power Committee and the Master Plan/Scheme for basic developments of Idukki District, particularly Vazhathope Township.

¶31

Main reliefs sought for in this writ petition are as follows:

¶32

(i) Issue a writ of mandamus or any other writ, order or direction, directing the 1^st and 2^nd respondents to consider Ext.P7 representation and implement the decisions of the High Power Committee, Ext.P4/P4(a) and Master Development Scheme of the Idukki District Panchayat, in letter and spirit, within a time frame to be fixed by this Honble Court.

¶33

(ii) Issue a writ of certiorari or any other appropriate writ or order to call for the records leading to Ext.P12 and cancel the same.

¶34

WP(C) NO.19962 OF 2018

¶35

:: 3 ::

¶36

(iii) Issue a writ of prohibition or any other writ or order, prohibiting the further constructions of the multi storied building the further constructions of the multi storied building on the basis of Ext.P12 building permit.

¶37

Petitioners have submitted that after the formation of Idukki district in the year 1976, Idukki Development Authority (IDA) was formed. Kerala Forest Department has transferred lands for the installation of Idukki Hydro Electric Project of K.S.E.B. on lease for a premium of Rs.4/- per acre and allowed to carry on temporary works till the commissioning of the project. Even after the commissioning of the project and construction of essential buildings for its offices and quarters, K.S.E.B. still retains peaceful possession of the same. The disputes between Government and K.S.E.B. culminated into O.P. 9197/2000, which was disposed by judgment dated 27.3.2020 by a learned Single Judge, directing the High Power Committee to consider and take steps for the development of the township. High Power Committee convened two meetings and took many decisions. But due to the adamant and abrupt demands for more areas by the K.S.E.B., even after survey and demarcate the boundaries K.S.E.B. did not surrender possession of the buildings and the property. The decisions therefore could not be implemented as a whole and the master plan formulated by the Idukki Development Authority and transferred to District panchayat along with the properties is being kept in cold storage.

¶38

WP(C) NO.19962 OF 2018

¶39

:: 4 ::

¶40

6. The civil Head quarters of Idukki is situated in Idukki Village and Taluk and in the Vazhathope Grama Panchayat. The civil station is comprising of Collectorate and the office of the Police Superintendent. All other district-wise public offices, Taluk level and village and panchayat level offices are situated far away from its head quarters on different parts of the District and outside.

¶41

7. Next contention raised by the petitioners is that although establishment of a Medical College was announced years back, its structure alone is completed and would take years to commence with academic courses, with a full fledged District wise hospital. According to the petitioners, the respondents are responsible and bound to consider Ext.P7 representation submitted by the petitioners and pass necessary orders with respect to the development scheme formulated by the Idukki Development Authority, presently, the District Panchayat and implement the same in letter and spirit as per the decisions taken by the second respondent/High Power Committee for settling Inter Departmental Disputes. Being aggrieved by the inaction on the part of the respondents in implementing the decisions of the High Power Committee and the Master Development Plan, petitioners have approached this court by filing this writ petition.

¶42

WP(C) NO.19962 OF 2018

¶43

:: 5 ::

¶44

Material on record disclose that as per the direction of this court, High Power Committee convened a meeting on 27.2.2002 and decided to submit a report regarding the actual extent of land needed by KSEB on examination by the District Collector and KSEB. As KSEB again pressed for 22 hectors which was not amenable to Idukki Development Authority, another meeting was called for on 15.12.2008. Meanwhile, District Panchayat came into existence as per the amended provisions of the Constitution and the entire assets and liabilities were transferred to Idukki District Panchayat by Idukki Development Authority. Some of the main decisions taken are as follows:

¶45

(i) To give compensation to KSEB for the building constructed by it by the District Panchayat as and when handed over. The absolutely needed property only to be retained and the rest shall vest with District Panchayat.

¶46

(ii) The leasehold right if any as claimed is taken as admittedly terminated.

¶47

(iii) To retain the essential offices of KSEB at Vazhathope after joint verification of KSEB and District Panchayat.

¶48

(iv) To divide, demarcate and locate the properties in the Vazhathope area to KSEB and Idukki District Panchayat after verification by the District Collector and possess the respective areas accordingly.

¶49

(v) To make joint efforts for the entire development of the Idukki District.

¶50

WP(C) NO.19962 OF 2018

¶51

:: 6 ::

¶52

Contending inter alia that the Kerala State Electricity Board has not surrendered possession of the buildings and property as per the decision of the High Power Committee, petitioners have forwarded Ext.P7 representation to the Chief Secretary, Government of Kerala. Ext.P7(a) is the English translation of the same, which reads thus:

¶53

BEFORE THE HONOURABLE CHIEF SECRETARY, GOVERNMENT OF KERALA

¶54

MEMORANDUM submitted jointly by the President of Janasakthi, Idukki unit and President of Citizen Forum, Idukki.

¶55

Sir,

¶56

Sub:- Implementation of the decisions of the High Power Committee dated 1512-2008 in respect of the land dispute between the District Panchayat and K.S.E.B.- regarding.

¶57

Kerala Forest Department has transferred lands for the installation for Idukki Hydro Electric Project of K.S.E.B. on lease for a premium of Rs.4/- per acre, and allowed to carry on temporary works till the commissioning of the project. Idukki District was formed in 1972 and for the basic developments of its District Head Quarters, the government was pleased to order transfer of 474.40 Ha. of forest land in 1980.

¶58

For many a technical reason, however an extent of only 323 Ha. of land was transferred in 1998 to the District Collector which was handed over to Idukki Development Authority. When Idukki District Panchayat came into existence, the said land was handed over to it by the Idukki Development Authority. However due to unnecessary and unlawful demands, K.S.E.B. has not transferred possession of 42.86 Ha. in Vazhathope area to the District Panchayat whereby the developments as planned could not be implemented for the welfare of the people especially of Idukki District. Consequently the society has been suffering too much- unlawful loss and severe hardships on the one hand and obtaining unlawful gains by the K.S.E.B. officials in collusion with government officials on the other, has become the usual practice.

¶59

Recently, K.S.E.B. has started construction of a multi storied building which is liable to be stopped forthwith, particularly when the District panchayat has paid compensation for the buildings in the said land, long back to the K.S.E.B. Further the said lands were already surveyed and demarcated jointly by K.S.E.B., District Panchayat and the Collector. K.S.E.B. cannot be permitted to hold on the said land and usurping the income therefrom after receipt of compensation. K.S.E.B. has no such right and retention of the lands is unauthorized and illegal. Being local residents and office bearers of public organizations, you are requested to

¶60

WP(C) NO.19962 OF 2018

¶61

:: 7 ::

¶62

finally end the disputes and take possession of the demarcated areas of their respective parts and necessary G.O. to be published at your end in this respect. We have been approaching personally and with written requests for the necessary developments of the District Centre in public interest which did not yield any fruit and this representation is submitted finally on getting the necessary informations under the RTI Act. We hope that your good office will take all further steps to hand over physically the lands for development to the District panchayat and implement the decisions of the High Power Committee at the earliest, accordingly.

¶63

Yours faithfully, Sd/

¶64

27-3-2018 Cheruthoni

¶65

President, Janasakthi President, Citizen Forum

¶66

Contending, inter alia, that no action has been taken till now on Ext.P7 representation submitted by the petitioners, reliefs as stated supra

¶67

have been prayed for. Record of proceedings shows that when the matter came up on 18^th June 2018 after considering the contentions, Honourable Division Bench of this court held thus:

¶68

“The continued retention of possession of the temporarily leased land, by the Kerala State Electricity Board during commissioning of the Idukki dam, is the grievance raised in this Public Interest Litigation. The High Power Committee meeting convened by the Additional Chief Secretary, in the deliberations held on 15.12.2008, declared that the temporary lease has expired and the Kerala State Electricity Board is entitled to retain possession of only the essential land, required for the hydro electric project. Accordingly, direction was issued for the demarcation of the area to facilitate the reconvey of the land, to the District Panchayat Authorities.

¶69

As necessary steps have not been taken, the petitioners have moved this Public Interest Litigation for implementation of the decision of the High Power Committee.

¶70

Sri.Hanil Kumar M.H., learned Government Pleader accepts notice for the respondents 1 to 3. Sri.Sudheer Ganesh Kumar R., learned standing counsel accepts notice for the 4^th respondent.

¶71

WP(C) NO.19962 OF 2018

¶72

:: 8 ::

¶73

Sri.Unnikrishnan V. Alapatt, learned standing counsel accepts notice for the 5^th respondent. Extra copies be furnished to the respective counsel for the respondents. Let notice be issued to the 6^th respondent returnable in two weeks. Petitioners to ensure service on the 6^th respondent by speed post.”

¶74

Eventhough notice has been taken in the year 2018, no counter affidavit or statement of facts, as the case may be, has been filed by the respondents till date. On this day, when the matter came up for hearing, Mr.Sudheer Ganesh Kumar, learned Standing Counsel appearing for the Kerala State Electricity Board/respondent No.4 sought for a weeks' time to file counter affidavit.

¶75

High Power committee convened by Additional Chief Secretary on 15.12.2008 has decided that the Kerala State Electricity Board can retain the permitted offices, staff quarters and store for project purposes. It has also been decided that the lease agreement between the KSEB and the Forest Department shall be taken as terminated on the transfer of land to Idukki Development Authority in 1998 and K.S.E.B. shall be entitled for the rights only on the essential land required for the Hydro Electric Project purposes. Grievance of the petitioner is that the said decisions taken by the High Power committee have not been implemented. Though the petitioner has sought for a direction to quash Ext.P12 building permit, at this juncture the same cannot be granted. Nevertheless, we are of the view that the decisions taken

¶76

WP(C) NO.19962 OF 2018

¶77

:: 9 ::

¶78

by the High Power Committee in which KSEB is also party must be considered and action to be taken without any further delay.

¶79

In the aforesaid circumstances, there shall be a direction to the Chief Secretary, Government of Kerala, Thiruvananthapuram to take appropriate action on the decisions of the High Power Committee i.e., Exts.P4/P4(a) dated 15.12.2008 and while doing so, also to consider and pass appropriate orders on Ext.P7 representation submitted the petitioner, as early as possible, at any rate, within a period of two months from the date of receipt of a copy of the judgment.

¶80

Writ petition is disposed of.

¶81

sd/S.MANIKUMAR CHIEF JUSTICE

¶82

sd/SHAJI P. CHALY JUDGE

¶83

jes

¶84

WP(C) NO.19962 OF 2018

¶85

:: 10 ::

¶86

APPENDIX

¶87

PETITIONERS'	EXHIBITS
EXHIBIT P1	TRUE COPY OF G.O.(MS) 761/64/AGRI. DATED 11.11.1964 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2	TRUE COPY OF INFORMATION SUPPLED UNDER THE RTI ACT TO THE 1ST PETITIONER DATED 25.09.2015.
EXHIBIT P2(A)	ENGLISH TRANSLATION OF EXT.P2.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 27.03.2000 IN O.P.9197/2000 OF THIS HONOURABLE COURT.
EXHIBIT P4	TRUE COPY OF THE PROCEEDINGS OF THE HIGH POWER COMMITTEE DATED 15.12.2008.
EXHIBIT P4(A)	ENGLISH TRANSLATION OF EXT.P4.
EXHIBIT P5	APPLICATION FILED UNDER RTI ACT DATED 19.02.2018 BY THE 1ST PETITIONER.
EXHIBIT P5(A)	ENGLISH TRANSLATION OF EXT.P5.
EXHIBIT P6	REPLY DATED 05.03.2018 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P6(A)	ENGLISH TRANSLATION OF EXT.P6.
EXHIBIT P7	REPRESENTATION DATED 27.03.2018 PRESENTED TO THE 1ST AND 3RD RESPONDENTS JOINTLY BY THE PETITIONERS.
EXHIBIT P7(A)	ENGLISH TRANSLATION OF EXT.P7
EXHIBIT P8	ACKNOWLEDGMENT CARDS (2 NOS.)
EXHIBIT P9	RESOLUTION/DECISIONS DATED 24.04.2018 PASSED BY THE 1ST PETITIONER - DISTRICT COMMITTEE.
EXHIBIT P9(A)	ENGLISH TRANSLATION OF EXT.P9.
EXHIBIT P10	RESOLUTION/DECISIONS OF THE CENTRAL COMMITTEE DATED 25.03.2018 OF THE 2ND PETITIONER.
EXHIBIT P10(A)	ENGLISH TRANSLATION OF EXT.P10.
EXHIBIT P11	TRUE COPY OF APPLICATION FOR GRANT OF BUILDING PERMIT DATED 23.06.2017 OF K.S.E.B.
EXHIBIT P12	TRUE COPY OF BUILDING PERMIT DATED 29.06.2017 GRANTED BY THE VAZHATHOPE GRAMA PANCHAYAT.

¶88

// TRUE COPY //

¶89

P.S. TO JUDGE

"Janasakthi" Idukki Unit, Represented by Its President a.P.Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

"Janasakthi" Idukki Unit, Represented by Its President a.P.Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pradeep K., Vs State of Kerala

Dr.a.Mohamed Najeeb Vs Kerala Cricket Association

A.J.Lonachan Vs the Chief Secretary, Government of Kerala

Leonard John Vs Dr.Rajan.N.Khobragade IAS

Unnikrishnan C.A Vs Deputy Director of Education

Sabu F. Vs the Secretary, Kadakkavoor Grama Panchayath