Disposed

One Earth One Life (Reg. NO.S.246/1988, Kannur) v. State of Kerala

Kerala HC3 Apr 2023WP(C)/9611/2021

Case brief

AI extract

What is this about?

The Court, in a public interest writ petition, directed that forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers Act, 2005, can only be granted after survey and demarcation of actual possession as on 13.12.2005, and joint verification under Rule 12A. The respondent authorities' counter affidavit assured compliance, and the writ petitions were disposed of with directions

What did the court decide?

The Court disposed of the writ petitions with directions to the respondents to strictly comply with the directions in the judgment dated 14.07.2015 in W.P.(C) No.35501/2009 and to ensure that no land

One Earth One Life (Reg. NO.S.246/1988, Kannur) Vs… — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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MONDAY, THE 3^RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945

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WP(C) NO. 9611 OF 2021

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PETITIONER:

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ONE EARTH ONE LIFE (REG. NO.S.246/1988, KANNUR) REPRESENTED BY ITS DIRECTOR, TONY THOMAS, AGED 58 YEARS, S/O.THOMAS, KIZHAKKEKARA HOUSE, IRUMBAKACHOLA, KANJIRAPUZHA P.O., PALAKKAD DISTRICT-678 591. BY ADV DAISY A.PHILIPOSE

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RESPONDENTS:

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

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2 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM-695 001.

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3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKAD P.O., THIRUVANANTHAPURAM695 014.

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4 DISTRICT LEVEL COMMITTEE,

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REPRESENTED BY THE CHAIRPERSON, COLLECTORATE, KUNNATHURMEDU, PALAKKAD, PIN-678 013.

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5 THE SUB COLLECTOR, RDO OFFICE, OTTAPPALAM P.O., PIN-679 101.

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6 THE DIVISIONAL FOREST OFFICER, ARANYAKAM, MANNARKKAD P.O., PIN-678 582.

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7 THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT PROJECT, ATTAPPADY P.O., PIN-678 581.

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SRI.ARAVIND V MATHEW- G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, ALONG WITH WP(C).14386/2021, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C).9611 & 14386 OF 2021 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 3^RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 WP(C) NO. 14386 OF 2021

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PETITIONER:

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ONE EARTH ONE LIFE (REG.NO.S.2461/1988, KANNUR) USHUS, PERMANGALAM P.O., THRISSUR-680545, REPRESENTED BY ITS LEGAL DIRECTOR, TONY THOMAS, S/O. THOMAS, AGED 58 YEARS. BY ADVS. DAISY A.PHILIPOSE JAI GEORGE

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RESPONDENTS:

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1	STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2	THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM-695001.
3	THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKAD P.O., THIRUVANANTHAPURAM- 695014.
4	THE DISTRICT LEVEL COMMITTEE FOR FOREST RIGHTS, REPRESENTED BY ITS CHAIRMAN/DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD., KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.
5	THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.
6	THE SUB COLLECTOR, RDO OFFICE, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR, KERALA-680003.
7	THE WILDLIFE WARDEN, OFFICE OF WILDLIFE WARDEN, WILDLIFE DIVISION,PEECHI, PEECHI P.O., THRISSUR-680653.
8	THE TRIBAL DEVELOPMENT OFFICER, TRIBAL DEVELOPMENT OFFICE, MINI CIVIL STATION, CHALAKKUDY P.O., THRISSUR-680307.
	BY ADVS.SRI.NAGARAJ NARAYANAN, SPL. G.P. FOR FOREST SRI.ARAVIND V MATHEW-G.P

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WP(C).9611 & 14386 OF 2021 3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, ALONG WITH WP(C).9611/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).9611 & 14386 OF 2021

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JUDGMENT

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MURALI PURUSHOTHAMAN, J.

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Since common issues arise for consideration in these writ petitions, they are disposed of by this

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common judgment.

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The short facts leading to the filing of W.P.(C) No.9611 of 2021 are as under:-

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The Petitioner, a voluntary organisation registered under the Societies Registration Act, has filed this Public Interest writ petition aggrieved by the assignment of forest lands illegally to the persons, who were not in actual possession of the land as on 13.12.2005, under the guise of implementation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2005 (hereinafter referred to as 'the Forest Rights Act') and the Rules framed thereunder. The petitioner had earlier filed W.P.(C)No.35501 of 2009

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WP(C).9611 & 14386 OF 2021

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seeking direction to the State of Kerala; the Secretary to the Government, Department of Revenue; the Secretary to the Government, SC & ST Department; the Secretary to the Government, Department of Forest and Wild Life and the Principal Chief Conservator of Forests, respondents 1 to 5, not to assign Forest lands to the Scheduled Tribes and Other Traditional Forest Dwellers, who are not in actual possession as on 13.12.2005, and not more than the actual extent possessed by them, and for consequential reliefs. The petitioner states that the Ministry of Environment and Forest, as per Ext. P2 letter dated 23.09.2010, has requested the Chief Secretaries of all States to issue strict directions that the plots of assigned land should be located on the ground boundaries surveyed and plotted on a map duly signed by the concerned authorities and Tribal Department to give funds for erecting boundary pillars whose GPS reading should be recorded and entered in revenue and forest department records and on the Patta. W.P.

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WP(C).9611 & 14386 OF 2021

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(C)No.35501 of 2009 was disposed of by the Division Bench of this Court on 14.07.2015 holding that forest land can be assigned only with reference to the property in possession of the forest dwellers or the tribals, as the case may be, and that, it is not open for the Government to assign any extent of land to the forest dwellers other than the land in their actual possession. The petitioner states that the Divisional Forest Officer, Mannarkad, vide Ext. P3 letter dated 05.02.2020, has returned 163 applications for record of rights, to the Project Officer, Integrated Tribal Development Project, Attappady, respondent No.7 herein, requesting to complete the survey and demarcation of the forest lands by a joint verification as per the procedure prescribed in the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, (hereinafter referred to as 'Forest Rights Rules'). The Sub Collector, RDO Office, Ottappalam, respondent No.5 herein, has submitted Ext. P4 report dated 02.03.2020 to the

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WP(C).9611 & 14386 OF 2021

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District Collector with copy to the Divisional Forest Officer, Aranyakam, Mannarkkad, 6^th respondent stating that all the objections raised by the Divisional Forest Officer were discussed already in SDLC and DLC and that the refusal to countersign is an act of questioning the authority of Grama Sabhas, FRC, SDLC and DLC. The Divisional Forest Officer, Mannarkad has issued Ext. P5 letter dated 10.03.2020 to the Sub-Collector Ottapalam, to return 107 applications for record of rights to complete the survey and demarcation of the forest lands as per the procedure prescribed by Rule 12 A of the Forest Rights (Amendment) Rules, 2012. The Forest Range Officer, Attappady has submitted Ext. P6 report before the Sub-Collector Ottappalam stating that 13 applications coming under the said Range are in respect of Teak Plantations in the possession of the Forest Department. However, the District Level Committee and the Sub-Collector, Ottappalam, respondents Nos.4 and

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5, are proceeding quite arbitrarily with the issue of

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WP(C).9611 & 14386 OF 2021

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record of forest rights, which is causing rampant destruction of the forest and defeat the purpose of the Forest Rights Act.

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On these facts, the petitioner has prayed for

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the following reliefs:-

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“(i) Issue a writ of mandamus directing respondent No.4 not to approve and grant record of rights in respect of Forest lands to the Scheduled Tribes and Other Traditional Forest Dwellers which is not in their actual possession as on 13.12.2005.

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(ii) Issue a writ of mandamus directing respondents 4 to 6 to survey and demarcate the boundaries of land in actual possession of the Scheduled Tribes and Other Traditional Forest Dwellers, and to erect boundary pillars and to record the GPS coordinates in revenue and forest department records and the Record of Forest Right.”

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When the writ petition came up for admission, this Court passed an interim order directing the District Level Committee not to approve and grant Record of Forest Right to the Scheduled Tribes and other Traditional Forest Dwellers without surveying and demarcating the boundaries of land in their actual possession.

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WP(C).9611 & 14386 OF 2021

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W.P.(C) No.14386 of 2021 is filed by the same

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petitioner aggrieved by the assignment of forest lands coming under Olakara Forest Station in Peechi-Vazhani Wild Life Sanctuary, illegally, under the guise of implementation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2005 and the Rules framed thereunder. It is contended that, though the Forest Rights Act envisages protection of the rights of the scheduled tribes and other traditional forest dwellers who are in occupation and cultivation of the lands for generations, respondents 4 and 5 have taken a decision to grant forest rights in respect of uncultivated and virgin dense forest lands to the scheduled tribes and other traditional forest dwellers. The petitioner has made the following prayers in the writ petition:-

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“(i) Issue a writ of certiorari calling for the records relating to Exhibit-P4 and P6 and quash the same as illegal.

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(ii) Issue a writ of mandamus directing respondent No.4 to 6 not to grant record of rights to the

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WP(C).9611 & 14386 OF 2021

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Scheduled Tribes and Other Traditional Forest Dwellers, at Olakara Colony coming under Olakara Forest Station in Peechi-Vazhani Wild life Sanctuary, in respect of Forest lands which is not in their actual possession as on 13.12.2005.

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(ii) Issue a writ of mandamus directing respondents 4 to 7 to survey and demarcate the boundaries of land in actual possession of the Scheduled Tribes and Other Traditional Forest Dwellers as on 13.12.2005, at Olakara Colony coming under Olakara Forest Station in PeechiVazhani Wild life Sanctuary and to erect boundary pillars and to record the GPS coordinates in revenue and forest department records and the Record of Forest Right.”

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This Court, on 02.09.2021, passed an interim

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order not to grant Record of Forest Right to the scheduled tribes and other traditional forest dwellers without surveying and demarcating the boundaries of land in their actual possession as on 13.12.2005.

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A detailed counter affidavit has been filed on behalf of the 6^th respondent, the District Forest Officer, Mannarkad in W.P.(C) No.9611 of 2021 and it is apposite

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to extract the relevant portions therein which read as

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under:-

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“4. With regard to the averments in paragraph 2 of the writ

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petition, the Forest Department has taken steps to give effect to the

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WP(C).9611 & 14386 OF 2021

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provisions of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2005 ( hereinafter “Forest Rights Act” ) and has settled several claims under the Forest Rights Act of Schedule Tribe people residing inside the forests. However, assigning virgin forest lands to ineligible persons under the guise of implementation of the Forest Rights Act has to be guarded against.

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The averments in paragraphs 3 and 4 of the writ petition regarding Exhibit-P1 judgment and Exhibit-P2 letter admittedly pertain to the implementation of settlement of claims for record of rights under the Forest Rights Act.

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Regarding the averments in paragraph 5 of the writ petition, it is submitted that via Exhibit-P3 letter dated 05.02.2020, 6^th respondent has returned 163 numbers of applications for individual rights to the 7^th respondent and requested the 7^th respondent to complete the survey and demarcation of forest land by a joint verification as per the procedure prescribed under Rule 12A of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Rules 2007 ( hereinafter “Forest Rights Rules” ). Subsequently, Joint verification of 75 applications included in this 163 number of applications were conducted and Records of Rights were issued to 70 eligible applicants. 5 applications were rejected since it was found that no agriculture practices were carried out at any point of time during the joint verification. Details of applications in which Records of Rights were issued or rejected along with other such similar applications are submitted in the table mentioned in Para 11 and 12 of this counter affidavit.

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Moreover, vide Exhibit-P5 letter dated 10.03.2020, the 6^th respondent had informed the 5^th respondent Sub Collector, that 107 applications regarding Forest Rights in Agali and Puthur Panchayaths submitted before Sub Divisional Level Committee (hereinafter “SDLC”) should not be considered since the procedure laid down in

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WP(C).9611 & 14386 OF 2021

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Rule 12A of Forest Rights Rules was not followed in respect of the said applications. A comprehensive survey to measure and demarcate such lands was not conducted at that point of time. Subsequently Joint verification and comprehensive survey of 38 applications included in this 107 number of applications were conducted and Records of Rights were issued to 37 eligible applicants. 1 application was rejected since it was found that no agriculture practices were carried out at any point of time during the joint verification. Details of applications in which Records of Rights were issued or rejected along with other such similar applications are submitted in the table mentioned in Para 11 and 12 of this counter affidavit.

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Exhibit-P4 letter mentioned in paragraph 6 of the writ petition was issued by the 5^th respondent Sub Collector as the Chairperson of the SDLC to the 6^th respondent.

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It is submitted that the joint verification and demarcation of lands mentioned in the above applications have not been done so far. In this regard, Ext.P1 judgment of this Honourable Court in Writ Petition (C) No. 35501/2009 filed by 'One Earth One Life' which relate to the issue of illegal assignment of forest land under the guise of implementation of Forest Rights Act and Rules framed there under is binding on the State and assume importance. Therefore any recognition of rights should be based on the actual extent of land held by the claimant under the Forest Rights Act as on the relevant date. Recognition of rights or issuance of record of rights over forest land has to be done only in respect of eligible persons. So under no circumstances, ineligible persons are conferred with Record Of Rights under the Forest Rights Act.

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Nearly 740 applications have already been disposed granting Record of Rights to Tribals. Further there were 429 applications pending for issuance of Record Of Rights as on 13.10.2021, which were in issue, out of which 225 Record Of Rights were signed by this respondent and the 7^th respondent and submitted to

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WP(C).9611 & 14386 OF 2021

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4^th Respondent. So total applications so far disposed granting Record Of Rights is 965 applications. For the above 225 applications for Record Of Rights, joint verification was carried out by Forest and Revenue Departments and GPS readings were recorded and extent of land was recalculated. 225 Record Of Rights were signed by this respondent only after joint verification for further action. True copy of joint verification report of the Forest Department in respect of one such application is produced herewith and marked as Exhibit-R6(a). Letters dated 30.12.2021, 13.01.2022, 27.01.2022, 03.02.2022, 08.03.2022, 13.04.2022, 16.06.2022, 13.07.2022 and 01.02.2023 were sent to 7^th respondent by this respondent to carry out demarcation of these plots using survey stones, true copies of which are produced herewith and marked as Exhibit-R6(b), Exhibit-R6(c), ExhibitR6(d), Exhibit-R6(e), Exhibit-R6(f), Exhibit-R6(g), ExhibitR6(h), Exhibit-R6(i) and Exhibit-R6(j) respectively.

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All the above said 225 applications for Record Of Rights were processed by this respondent only after joint verification as prescribed in Rule 12A of Forest Rights Act and submitted to 4th Respondent for signing and final issuance of Record of Rights. This is in accordance with the decision of the District Level Committee meeting dated 09.12.2021 in which, the matter of joint verification of Revenue and Forest was decided and process of demarcation was entrusted to the 7th Respondent. True copy of minutes dated 09.12.2021 of the District Level Committee is produced herewith and marked as Exhibit-R6(k). A total of SUM(ABOVE) Hectares (710.34 acres) of land were assigned exclusively to Tribal People belonging to Irula, Muduga and Kurumba communities in Attappady Taluk. Details of persons, their hamlet, extent of land for which the above 225 Record of Rights were issued are submitted in table given below.

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WP(C).9611 & 14386 OF 2021

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Sl. No.	Name	Name of FRC	Extent (In Hectare)
1	Chellan S/o Maruthan	Kollankadavu	0.5587
2	Valliyamma W/o Nanchan	Venthavetty	0.7611
3	Chindan S/o Kali	Galazi	3.5829
4	Rengi W/o Maruthan	Chittur	0.3684
5	Ponni W/o Kali	Galazi	3.7570
6	Nanchan S/o Chellan	Koolankadavu	0.8299
7	Sivani W/o Rengan	Chittur	0.4898
8	Omana W/o Rengan	Chittur	0.7935
9	Omana W/o Rajan	Chittur	0.5506
10	Maruthi W/o Karamadayan	Thekkupana	0.2105
11	Murukesan S/o Maniyan	Thekkupana	1.0161
12	Chellan S/o Kakki	Thekkupana	1.1983
13	Pazhani S/o Thamandan	Karadippara	0.7732
14	Lakshmi D/o Mari	Vendavetti	0.8744
15	Mallika W/o Pappachan	Chittur	0.3320
16	Pacha S/o Mallan	Chittur	0.0769
17	Sivasankaran S/o Nanchan	Chittur	0.3562
18	Radha W/o Prakash	Chittur	0.1255
19	Rajamma W/o Das	Chittur	0.4211
20	Krishnakumar S/o Lakshmanan	Chittur	0.3481
21	Panchi W/o Maruthan	Chemmannur	0.1255
22	Babu S/o Rengan	Karadipara	0.8987
23	Rejitha W/o Murukan	Chemmannur	0.2388
24	Murukan S/o Mammu	Karadipara	0.3968
25	Maruthan S/o Raman	Chemmannur	0.6437
26	Sindhu W/o Sibin Kumar	Chemmannur	0.2348
27	Pappathi W/o Subramanian	Chittur	0.7125
28	Rengan S/o Velayudhan	Chittur	0.7732
29	Raju S/o Bhatty	Chittur	0.7854
30	Gopalakrishnan S/o Pacha	Chittur	0.4048
31	Parvathi W/o Shanmughan	Chittur	0.3846
32	Karumi W/o Kara	Chemmanur	0.2589
33	Subramanian S/o Ponmala	Chemmanur	0.6397
34	Rangan S/o Chathan	Nellippathy	1.5466
35	Rangan S/o Lincon	Nellipathy	1.1538
36	Rengi W/o Chellan	Mettuvazhi	0.2955
37	Vellingiri S/o Kurumban	Thazhe Kakkupadi	0.2227
38	Ponni W/o Velli	Mele Kakkuppadi	0.3157
39	Sumathi W/o Panali	Mele Kakkuppadi	0.4737
40	Sival W/o Maruthan	Odapetty	0.9271
41	Rengi W/o Mari	Oonthumala	1.9190
42	Aandi S/o Maruthan	Oonthumala	2.3725
43	Thurandan S/o Kuppan	Oonthumala	0.3846
44	Kali S/o. Rengan	Oonthumala	1.1660
45	Rajan S/o Kuppan	Oonthumala	0.2551
46	Murugan S/o Nanchan	Oonthumala	0.0931
47	Masani W/o Maruthan	Kollankadavu	0.8745
48	Maruthan S/o Kadalan	Mele Kandiyoor	0.4413
49	Kannan S/o Rengan	Mele Kakkuppadi	1.3522
50	Kuppan S/o Mari	Mele Kakkuppadi	0.3522
51	Velli D/o Kali	Mele Kakkuppadi	0.2914
52	Nanjan S/o Devaran	Kollankadavu	12591
53	Murukan S/o Maruthan	Kozhikkoodam	. 1.0607

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WP(C).9611 & 14386 OF 2021

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54 55	Murukan S/o Thamandan Rengan S/o Karamooppan	Kozhikkoodam Vechappathi	0.6396 2.4170
56	Maruthi W/o Poosari	Vechappathi	0.8734
57	Sivadas S/o Subramanian	Vechappathi	1.4898
58	Kamala W/o Kakki	Karara	0.5587
59	Vellingiri S/o Chinnan	Karara	0.8987
60	Pappan S/o Muthu	Karara	0.4736
61	Shanmughan S/o Rengan	Karara	1.2995
62	Chandran S/o Chellan	Karara	0.5829
63	Sankaran S/o Aandi	Venthavetti	0.9352
64	Chinnan S/o Sivan	Karara	1.0121
65	Mari S/o Mallan	Edavani	0.4412
66	Lingan S/o mallan	Edavani	3.7327
67	Rengan S/o Chandran	Panganaripallam	0.3400
68	Maruthan S/o Chetti	Venthavetti	0.9311
69	Murukesh S/o Pandi	Venthavetti	1.8461
70	Mannappa W/o Vellingiri	Mele Chootra	1.3238
71	Velayudhan S/o Chellan	Karara	0.4615
72	Gelan S/o Krishnan	Mele Chootra	0.7368
73	Patara S/o Raman	Aanagadha	1.2105
74	Chandran S/o Koman	Karara	0.5748
75	Maruthan S/o Mari	Onthumala	0.9838
76	Chelli W/o Ravi	Kallamala	1.7287
77	Mari W/o Kali	Kathirampathi	1.1133
78	Kaliyamma W/o Nanchan	Kathirampathi	0.6113
79	Latha W/o Chinnan	Karara	1.0404
80	Chellan S/o Rankan	Karara	1.0202
81 82	Sivaraman S/o Velli Venu S/o Nanchan	Chittur Chittur	1.1214 0.8097
83	Vadukan S/o Rangan	Mettuvazhi	0.2874
84	Pappa W/o Haridas	Kattekkad	0.9757
85	Lakshmi W/o Vellingiri	Kattekkad	0.1659
86	Radha W/o Thangaraj	Kattekkad	1.3603
87	Mani S/o Mallan	Kattekkad	0.4696
88	ThamandanS/o Kali	Nellippathi	1.2226
89	Kakki S/o Kadukka	Nellippathi	0.7490
90	Lakshmi W/o Vijayan	Karadippara	0.6879
91	Panali S/o Nagan	Edavani	1.4939
92	Kurumban S/o Murukan	Edavani	2.1619
93	Chathan S/o Velli	Edavani	0.5263
94	Panali S/o Chathan	Edavani	3.4979
95	Linkan.V S/o Velli	Edavani	2.1700
96	Vellan S/o Chathan	Edavani	3.2914
97	Murukan S/o Panali	Edavani	3.7287
98	Chathan S/o Panali	Edavani	3.3886
99	Maruthan S/o Chinnakunan	Pudur	1.5506
100	Kuppan S/o Karimutty	Pudur	1.7894
101	Maruthi W/o Vella	Chootra	3.1214
102	Chellan S/o Nanchan	Chootra	2.4777
103	Seethe S/o Nanchan	Chootra	2.3157
104	Ponnan S/o Jadayan	Chootra	2.7935
105	Barmman S/o Velli	Mele Kakkuppadi	0.0729
106	Parvathy W/o Latheef	Thazhe Kakkuppadi	0.2672
107	Malli W/o Maruthan	Mele Chootra	3.3279
108	Panali S/o Mallan	Pudur	3.7368
109	Lakshmanan S/o Velli	Pudur	1.1295
110	Ayappan S/o Kurumban	Edavani	3.233

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111 112	Rengan S/o Krishnan Chandran S/o Velli	Mele Chootra Edavani	2.2469 4.000
113	Nanchan S/o Jadayan	Thazhe Chootra	2.3157
114	Eswaran S/o Krishnan	Mele Chootra	2.2995
115	Velli S/o Chembooli	Kulappadi	1.7489
116	Raman S/o Maniyan	Kulappadi	1.1740
117	Patti S/o Chembooli	Kulappadi	2.9230
118	Manian S/o Chembooli	Kulappadi	2.9433
119	Masannan S/o Chembooli	Kulappadi	2.2550
120	Maruthan S/o Thavidan	Thekkuppana	0.5344
121	Chandran S/o Karamadayan	Thekkuppana	2.417
122	Panali S/o Jadayan	Vallavetti	1.0890
123	Mookan S/o Kali Mooppan	Vallavetti	0.3765
124	Renki W/o Dhasan	Vallavetti	0.6133
125	Murukan S/o Jadayan	Vallavetti	0.6842
126	Mannappa W/o Murukan	Swarnagadda	0.7530
127	Manikandan S/o Rengan	Swarnagadda	1.1336
128	Kanakaraj S/o Bothiyan	Pudur	0.5829
129	Rengan S/o Kadodi	Pudur	0.4129
130	Nanchi W/o Murugan	Pudur	1.3927
131	Rami W/o Chinnan	Pudur	1.0404
132	Vaduki W/o Kannan	Pudur	1.0769
133	Ganesan S/o Paru Chami	Pudur	0.8259
134	Ayyapan S/o Aandi	Swarnagadda	1.3927
135	Pappa W/o Karti	Swarnagadda	1.2834
136	Chinnathottan S/o Murukan	Swarnagadda	1.0850
137	Vanchi W/o Rangan	Swarnagadda	0.8178
138	Malli W/o Kadan	Galazi	3.9900
139	Rami W/o Konan	Pudur	1.5344
140	Aani W/o Chathan	Aralikonam	1.5992
141	Kakki S/o Periyakali	Aralikonam	2.2915
142	Budran S/o Chathan	Aralikonam	2.5870
143	Vellingiri S/o Resan	Aralikonam	1.3846
144	Balan S/o Chathan	Aralikonam	1.3846
145	Kavan S/o Kara	Aralikonam	2.6073
146	Resi W/o Panali	Aralikonam	0.4493
147	Palli S/o Masanan	Aralikonam	1.3886
148	Ravi S/o Masanan	Aralikonam	0.9028
149	Resi W/o Dhora	Aralikonam	1.445
150	Rankan S/o Aandi	Vellamari	0.2510
151	Rankan S/o Nanchan	Thazhe Chootra	3.3319
152	Manikandan S/o Nanchan	Thazhe Chootra	3.1457
153	N S/ Rk	Thh Cht	11740
	agaraj o anan	aze oora	.
154	Babu S/o Manikandan	Thazhe Chootra	2.2631
155	Pappa W/o Panali	Mele Chootra	3.2064
156	Chindi D/o Nagan	Mele Chootra	3.8663
157	Kallan S/o Nagan	Mele Chootra	2.5222
158	Kara S/o Nagan	Mele Chootra	3.3846
159	Kumar S/o Vellingiri	Mele Chootra	3.643
160	Maruthan S/o Vella	Thazhe Chootra	2.3846
161	Raman S/o Nanchan	Thazhe Chootra	2.3076
162	Lakshmi W/o Vellingiri	Pudur	2.8744
163	Ranki W/o Chellan	Pattanakkal	0.6680
164	Manappa S/o Rankan	Parappanthara	0.2064
165	Maniyan S/o Rankan	Chembuvattakkadu	0.3441
166
	Rengan S/o Gandi Mooppan	Mele Chootra	2.7327

¶102

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¶103

¶104

167 168	Kurumbi W/o Kannan Manu.K.M S/o Murukan	Kallamala Kallamala	1.4163 2.0630
169	Rengan S/o Madhavan	Galazi	3.0430
170	Kallan S/o Mallan	Kadukumanna	1.1862
171	Raman S/o Mallan	Kadukumanna	1.1579
172	K.S.Murukan S/o Soman	Kadukumanna	0.8623
173	Gopakumar S/o Murukan	Kadukumanna	0.4008
174	Sukumaran S/o Murukan	Kadukumanna	1.8461
175	Suresh S/o Rengan	Kadukumanna	1.3320
176	Vanchi W/o Nanchan	Kolappadi	1.28
177	Nanchan S/o Kali	Kolappadi	2.64
178	Kakki S/o Maniyan	Kolappadi	0.41
179	Komali Rankan S/o Kakki	Kolappadi	1.02
180	Eswaran S/o Bellan	Kolappadi	1.06
181	Puttan S/o Rankan	Kolappadi	0.99
182	Rangi W/o Rankan	Kolappadi	0.94
183	Chelli W/o Raman	Kolappadi	0.53
184	Kali W/o Nanchan	Kolappadi	0.66
185	Murukan S/o Sukkri	Thekkuppana	0.86
186	Kuppa W/o Chella	Thekkuppana	1.50
187	Sumathi W/o Murukan	Thekkuppana	1.49
188	Rankan S/o Ganda	Thekkuppana	0.98
189	Govindan S/o Nanchan	Thekkuppana	1.77
190	Chinnan S/o Velli	Thekkuppana	1.99
191	Kakki S/o Kutty	Paloor	0.45
192	Prasanth S/o Chimban	Paloor	0.55
193	Nanchan S/o Gorkkan	Paloor	0.27
194	Chelli W/o Konan	Paloor	0.68
195	Manikandan S/o Kakki	Karadippara Ooru	1.396
196	Maruthan S/o Vella	Thekupana Ooru	2.303
197	Nanchan S/o Kuruthala	Kolappadika Ooru	1.057
198	Maruthi W/o Maruthan	Paloor Ooru	1.023
199	Divya W/o Rankan	Karadippara Ooru	0.623
	Malleeswaran.K S/o
200	Kalimooppan	Agali	0.8417
201	Nanchi W/o Manikandan	Agali	0.6397
202	Nanchi W/o Manivelan	Agali	0.392
203	Rangaswami S/o Chathimari	Agali	0.692
204	Nanchi W/o Raman	Cheramankandi Ooru	0.263
205	Aandi S/o Maruthan	Cheramankandi Ooru	0.158
206	Easwaran S/o Maruthan	Paloor Ooru	1.400
207	Koni S/o Nanka	Paloor Ooru	0.655
208	Maruthan S/o Dudan	Paloor Ooru	0.910
209	Rankan S/o Dakkayyan	Paloor Ooru	0.554
210	Panali S/o Kutty	Paloor Ooru	0.542
211	Kali W/o Kuppan	Pudur Ooru	0.477
212	Mandan S/o Varagan	Pudur Ooru	1.254
213	Siva W/o Aandi	Swarnagadha Ooru	2.310
214	Kalimuthu S/o Karamadayan	Thekkuppana Ooru	2.411
215	Easwaran S/o Karamadayan	Thekkuppana Ooru	0.428
216	Karamadayan S/o Kariyan	Thekkuppana Ooru	1.169
217	Resi W/o Arjunan	Swarnagadha Ooru	0498
218	Maruthan S/o Chiriyan	Paloor Ooru	. 0.785
219	Kuttiyannan S/o Chathan	Paloor Ooru	1.371
220	Nanchi W/o Aandi	Chutra Ooru	1.861
221	Kali S/o Maruthan	Cheramankandi	0166
		Ooru	.

¶105

WP(C).9611 & 14386 OF 2021

¶106

¶107

222	Kakki S/o Puliyan	Swarnagadha Ooru	2.654
223	Kali W/o Gopalan	Agali Thazhe Ooru	0.3399
224	Nagaraj S/o Ooma	Agali Thazhe Ooru	0.6510
225	Vellingiri S/o Charakan	Paloor Ooru	1.1011
	TOTAL		287.4701 (710.34 acres)

¶108

After the aforesaid 225 applications have been processed, regarding the remaining 204 applications, the following developments have taken place. Out of the balance 204 applications, 7 applications were not considered for issuance of Record of Rights since it was found that no agriculture practices were carried out at any point of time during the joint verification. Details of the 7 applications which were rejected are submitted in the table below.

¶109

Sl. No.	Name	Name of FRC	Extent Claimed (Hectares)
1	Panali S/o Killan	Edavani	2.5506
2	Pazhaniyamma W/o Raman	Venthavetty	0.8663
3	Raman S/o Thora Mooppan	Swarnagadha	1.9797
4	Veeran S/o Velli	Vayaloor	0.3441
5	Sindhu W/o Mani	Vayaloor	0.6923
6	Pappathi W/o Varghese	Vayaloor	0.2469
7	Nanchi D/o Maruthan	Vayaloor	0.4251
	TOTAL		7.1050 (17.56 acres)

¶110

One applicant has demanded to issue patta as per Land Assignment Act and not Record of Rights as per Forest Rights Act and hence her application could not be considered under the Forest Rights Act and Rules.

¶111

Regarding another 24 applications, it is submitted that Joint verification was over and process of issuance of Record of Rights in respect of these 24 applications is going on and forms of Record of Rights have been returned to the 7^th Respondent for correction of Plot Number after joint verification. Details of extent of land and places where they are claiming to be assigned vide the aforesaid 24 applications are submitted in the table below.

¶112

WP(C).9611 & 14386 OF 2021

¶113

¶114

Sl. No.	Name	Name of FRC	Extent Claimed (Hectare)
1	Nanchi W/o Rengan	Kollamkadavu	0.26
2	Masani W/o Chellan	Kookampalayam	0.34
3	Kali W/o Sivan	Kookampalayam	0.25
4	Manikandan S/o Chellan	Kookampalayam	0.24
5	Maruthan S/o Kakki	Cheramankandi	0.10
6	Murukan S/o Rengan	Vellavatty	0.98
7	Panali S/o Rengan	Kolappady	3.66
8	Karamadayan S/o Sukiri	Kolappady	0.00
9	Kali S/o Jogi	Thekkupana	2.51
10	Andishi W/o Murukan	Karadipara	0.49
11	Maruthan S/o Raman	Kollamkadavu	0.65
12	Ambili W/o Shanmugan	Chittur	0.40
13	Rankan S/o Mari	Thazhe Kakkuppadi	0.24
14	Chelli W/o Raman	Thazhe Kakkuppadi	0.30
15	Maruthan S/o Muthu	Karara	0.51
16	Sumathi W/o Venu	Karara	0.93
17	Karnan S/o Venu	Karara	0.38
18	Rami W/ Manikyan	Mele Kakkupadi	0.37
19	Renjitha W/o Kuttan	Kallamala	1.82
20	Kalimuthu S/o Kadan	Kathirampathi	1.78
21	Nanchan S/o Kali	Kathirampathi	0.40
22	Chathi W/o Vella	Mele Kakkupadi	0.31
23	Bindu D/o Mariamma	Mele Kakkupadi	0.27
24	Mali W/o Kesavan	Mele Kakkupadi	0.34
	TOTAL		17.53 (43.32 acres)

¶115

Joint verification is pending in respect of 172 applications including 155 applications in respect of which the Forest Department has raised objections. Details of the 17 applications pending joint survey are submitted in the table below.

¶116

Sl. No	Beneficiary Name	Name of FRC	Extent in (Hectares)
1	Rengamma W/o Maruthan	Kollamkadavu	0.45
2	Panali S/o Periyakali	Aralikonam	2.55
3	Lakshmanan S/o Resan	Mele Kandiyur	0.56
4	Nanchan S/o Male	Kolappady	1.87
5	Bokkan S/o Mannan	Kolappady	0.96
6	Vellingiri S/o Maruthan	Kolappady	0.59
7	Saathi W/o Makkulan	Kolappady	1.58

¶117

WP(C).9611 & 14386 OF 2021

¶118

¶119

8	Goosy W/o Maruthan	Kolappady	1.57
9	Lakshmanan S/o Kumaran	Kolappady	0.78
10	Vally W/o Rangan	Chootara-1	2.33
11	Raju S/o Mannamooppan	Chootara-1	3.50
12	Vella S/o Nagan	Chootara-1	2.79
13	Manikandan S/o Chinnarajan	Thekkupana	0.37
14	Murukan S/o Chinnarangan	Thekkupana	2.00
15	Murukan S/o Kali	Galasi	3.47
16	Chandrasekaran S/o Kali	Galasi	4.06
17	Madhavan S/o Kadan (Mathan)	Galasi	3.57
	Total		33.00 (81.54 acres)

¶120

Details of 155 applications where objections of the Forest Department, based on initial survey, pertain to either absence of any agricultural practice or absence of occupancy or due to pendency of litigation under the Kerala Private Forest (Vesting and Assignment) Act, are submitted in the table below.

¶121

Sl. No	Beneficiary Name	Name of FRC	Extent in (Hectares)
1	Babu S/o Rankan	Adiya Kandiyur	0.40
2	Nanchi W/o Rangan	Adiya Kandiyur	0.41
3	Rangan S/o Chinnayan	Adiya Kandiyur	0.18
4	Mari S/o Maruthan	Adiya Kandiyur	0.31
5	Koyan S/o Chellan	Adiya Kandiyur	0.21
6	Pottani S/o Veeran	Adiya Kandiyur	0.23
7	Mari W/o Maruthan	Adiya Kandiyur	0.13
8	Mottan S/o Kuppan	Nellipathi Ooru	0.44
9	Mari W/o Maniyan	Nellipathi Ooru	0.74
10	Rajamma W/o Kumar	Nellipathi Ooru	0.68

¶122

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¶123

¶124

11	Raman S/o Sankaran (Rengan)	Nellipathi Ooru	1.60
12	Karan S/o Boppan	Nellipathi Ooru	0.42
13	Maruthi W/o Maruthan	Nellipathi Ooru	0.46
14	Lingan S/o Kuppan	Nellipathi Ooru	0.70
15	Aandi S/o Nanchan	Nellipathi Ooru	0.42
16	Nanchan S/o Kuppan	Nellipathi Ooru	0.55
17	Raman S/o Resan	Nellipathi Ooru	0.76
18	Cheeli W/o Sivan	Nellipathi Ooru	1.26
19	Kali W/o Kali	Nellipathi Ooru	0.45
20	Ponnn S/o Lingan	Nellipathi Ooru	0.54
21	Vijaykumar S/o Vanan	Nellipathi Ooru	0.61
22	Aandi S/o Jungan	Nellipathi Ooru	0.33
23	Sayindhan S/o Rangan	Nellipathi Ooru	0.56
24	Mari W/o Raman	Nellipathi Ooru	0.52
25	Masanan S/o Jungan	Nellipathi Ooru	0.72
26	Pali S/o Masanan	Mettuvazhi	0.71
27	Kamala W/o Ramachandran	Mettuvazhi	0.82
28	Nagan S/o Chellan	Kollamkadavu	0.93
29	Selvi W/o Na Nchan	Kollamkadavu	0.55
30	Kovilan S/o Maruthan	Kollamkadavu	0.50
31	Sumathy W/o Karuppan	Mele Kakkupadi	0.42
32	Mari S/o Rengan	Mele Kakkupadi	0.29
33	Rengan S/o Kakki	Mele Kandiyur	0.40
34	Sarasamma W/o Maruthan	Mele Kandiyur	0.38
35	Vasantha D/o Pacha	Mele Kandiyur	0.50
36	Nanchan S/o Kadalan	Mele Kandiyur	0.69
37	Maruthan S/o Konan	Mele Kandiyur	1.10
38	Maruthachalam S/o Rengan	Mele Kandiyur	1.47
39	Chandran S/o Rengan	Mele Kandiyur	0.64
40	Kurmarn S/o Nanchan	Mele Kandiyur	0.94
41	Kali W/o Chathan	Mele Kandiyur	0.83
42	Jayanthi W/o Maruthan	Mele Kandiyur	0.84
43	Radha W/o Saravanan	Karara	1.53
44	Madhavan S/o Aandi	Karara	1.45

¶125

WP(C).9611 & 14386 OF 2021

¶126

¶127

45	Rankan S/o Annamalai	Kathirampathi	0.51
46	Nanchan S/o Vellakutti	Kathirampathi	1.63
47	Lakshmi W/o Kakki	Kallamala	1.55
48	Satheesh S/o Lakshmanan	Kallamala	0.75
49	Lakshmi W/o Lingan	Kallamala	0.59
50	Lakshmi W/o Suresh	Kallamala	0.91
51	Rajan S/o Kuruban	Kallamala	1.30
52	Chelli W/o Nagan	Kallamala	1.57
53	Soudha W/o Suni	Kallamala	0.89
54	Bineetha W/o Ramesh	Kallamala	1.42
55	Ajeesh S/o Vijayan	Kallamala	0.95
56	Nisha W/o Premkumar	Kallamala	0.87
57	Chinnamma W/o Ramesh	Kallamala	0.67
58	Krishnakumari W/o Rangan	Kallamala	0.89
59	Sobharaj S/o Kadan	Kallamala	0.36
60	Chanrdan S/o Kakki	Kallamala	0.77
61	Vijaya W/o Chandran	Kallamala	1.56
62	Thankamani W/o Kadan	Kallamala	0.60
63	Chelli W/o Chinnan	Kallamala	1.25
64	Santha W/o Sivadas	Kallamala	0.45
65	Radha W/o Suresh	Kallamala	1.43
66	Bindhu W/o Suresh	Kallamala	1.03
67	Mallika W/o Mani	Kallamala	1.34
68	Kuppan S/o Konkara	Kallamala	1.28
69	Suresh S/o Kannan	Kallamala	0.97
70	Makkula Moopan S/o Rangamoopan	Kalkkandiyoor	1.04
71	Malleswaran S/o Rangan	Kalkkandiyoor	1.31
72	Valli W/o Arumugan	Kalkkandiyoor	0.53
73	Chellan S/o Nanchan	Kalkkandiyoor	0.59
74	Vally W/o Maruthan	Kalkkandiyoor	0.63
75	Rengan S/o Kakky	Kalkkandiyoor	0.70
76	Murukan H/O Muruki	Kalkkandiyoor	0.67
77	Rengi W/o Maruthan	Onthumala	0.72
78	Geetha W/o Kumaran	Onthumala	0.46
79	Manikkandan S/o Mann Moopan	Chootara-1	3.12
80	Murukesh S/o Manikandan	Chootara-1	2.44
81	Muthuswami S/o Manikandan	Chootara-1	2.02
82	Lakshmi W/o Biju	Onthumala	0.48
83	Rengi W/o Murukan	Mele Kakkuppadi	0.45
84	Velli S/o Rengan	Mele Kakkuppadi	0.27
85	Suresh S/o Kuppan	Chittur	0.35

¶128

WP(C).9611 & 14386 OF 2021

¶129

¶130

86	Vijayasudha W/o Jeorge	Chittur	0.07
87	Pradeepkumar S/o Kurumban	Chittur	2.77
88	Nishadh S/o Pappan	Kallamala	2.12
89	Vijayan S/o Nagan	Kallamala	2.53
90	Lakshmanan S/o Kannan	Kallamala	3.29
91	Santhosh S/o Lakshmanan	Kallamala	3.88
92	Ratheesh S/o Kuppan	Kallamala	2.28
93	Raju KK	Kallamala	2.59
94	Reji KK	Kallamala	3.59
95	Unnimery W/o Veeran	Kallamala	1.49
96	Raju S/o Kuppan	Kallamala	1.73
97	Velli S/o Rangan	Kallamala	1.98
98	Omana W/o Rangan	Kallamala	2.04
99	Bineesh S/o Veeran	Kallamala	3.40
100	Anoop S/o Ayyappan	Kallamala	2.79
101	Rama W/o Ayyappan	Kallamala	2.20
102	Deepa W/o Nandhakumar	Kallamala	1.70
103	Santhosh S/o Nagan	Kallamala	2.14
104	Ambili W/o Chellan	Kallamala	1.05
105	Sumathi W/o Mari	Kallamala	2.91
106	Chelli W/o Puliyan	Kallamala	3.63
107	M.N.Kali	Kallamala	1.93
108	Valli W/o Anil	Kallamala	0.97
109	Nanchan S/o Resan	Kathirampathi	1.15
110	Sarasa W/o Ayyappan	Kathirampathi	1.61
111	Panchans S/o Chellan	Kathirampathi	1.19
112	Murukan S/o Kuppan	Kathirampathi	1.73
113	Kali S/o Raman	Kathirampathi	1.05
114	Selvi W/o Rangan	Kathirampathi	0.62
115	Kali S/o Chellan	Konamkuthy	1.16
116	Nanchan S/o Vasakan	Vendhavatty	0.62
117	Sindhu W/o Shiju	Odapetty	1.78
118	Shyni W/o Kalimuthu	Kattekkad	0.93
119	Shoba W/o Shijo	Kattekkad	0.25
120	Rajan S/o Konkara	Kattekkad	0.57
121	Veeran S/o Nagan	Kattekkad	2.16
122	Chandran S/o Rangan	Kattekkad	0.70
123	Ayyappan S/o Rangan	Kattekkad	0.58
124	Rangan S/o Mari	Kattekkad	0.42
125	Rajendran S/o Soman	Kattekkad	1.38
126	Rangan S/o Nagan	Kattekkad	0.76
127	Ravikumar S/o Raju	Kattekkad	0.93
128	Sugumaran S/o Maniyamooppan	Karathoor	0.32

¶131

WP(C).9611 & 14386 OF 2021

¶132

¶133

129	Murukan S/o Maniyamooppan	Karathoor	0.45
130	Lakshmanan S/o Palan	Karathoor	1.34
131	Maruthan S/o Maniyamoopan	Karathoor	0.22
132	Pazhaniswami S/o Mannan(Maniyamoopan)	Karathoor (Sl.No. 246)	1.43
133	Nanchan S/o Kali	Vechapathi	2.89
134	Velli (Vellingiri) S/o Kuppan	Vechapathi	0.62
135	Vijayalakshmi W/o Murukeshan	Karara	0.45
136	Sulojana W/o Kunchukuttan	Karara	0.51
137	Chelli W/o Veeran	Karara	0.51
138	Kalimuthu S/o Pappan	Karara	0.55
139	Vinod S/o Kongara	Karara	0.95
140	Mari D/o Kali	Mele Kakkupadi	0.23
141	Raman S/o Maruthan	Kathirampathi	0.47
142	Rangan S/o Annamala	Kathirampathi	0.51
143	Nanchan S/o Vellakutty	Kathirampathi	1.63
144	Rangi W/o Chellan	Mettuvazhi	0.30
145	Mari S/o Mallan	Kallamala	1.74
146	Masani W/o Rangan	Kallamala	0.27
147	Dhundan S/o Nanchan	Kallamala	0.37
148	Pappathi W/o Mannan	Kallamala	0.43
149	Krishnankutty S/o Rangan	Kallamala	0.08
150	Rami W/o Rangan	Kallamala	0.15
151	Kakki S/o Nanchan	Kallamala	0.97
152	Ayyappan S/o Kara	Kallamala	0.32
153	Manikyan S/o Krishnan	Edavani	2.43
154	Vijaya W/o Vella (Late)	Edavani	2.34
155	Jayan S/o Krishnan	Edavani	1.21
		Total	166.30 (410.93 acres)

¶134

As already stated, in respect of 740 applications, Record Of Rights has been given to Tribals. Regarding the remaining claims, the present status of Record Of Rights in respect of claims in issue are as follows.

¶135

Total applications in issue	429
Applications allowed	225
Rejected	7
Rejected as not considered	1

¶136

WP(C).9611 & 14386 OF 2021

¶137

¶138

Application pending corrections after Joint verification	24
Joint Survey Pending	17
Joint Survey pending where Forest Department has pointed out objection on ground of absence of any agricultural practice and occupancy as on the cut off date	155
Total	429 applications

¶139

As held by this Honorable Court, it is the duty of Government and its authorities, especially the Forest department, to ensure that the forest land is not misutilized by issuing assignment orders/Pattas to persons who are not eligible for the same and if there is any encroachment on forest land, it is for the concerned officers, to ensure that encroachment is removed at the earliest. The Honourable High Court has further directed the Forest department to verify whether appropriate demarcation can be made to the aforesaid habitat depending upon the ground reality involved in the matter. Hence further survey and demarcation of lands is highly essential before assigning Rights on each application/claim in the case of remaining disputed claims.

¶140

It is further submitted that urgent steps are to be taken to comply with the procedure under the Forest Rights Act and Rules thereunder to ensure that genuine claims for Record Of Rights are processed and recognized while also ensuring that large tracts of virgin forests are not grabbed by ineligible persons under the cover of the Forest Rights Act and Rules thereunder. The Perennial Rivers and other water bodies may be lost forever, if ever green forest lands are assigned to ineligible persons and persons intending to grab lands. Therefore, only genuine applications for Record Of Rights are entertained and consequently ineligible persons including land encroachers and land grabbers are not allowed to grab invaluable forest lands misusing the provisions of the Forest Rights Act.”

¶141

WP(C).9611 & 14386 OF 2021

¶142

¶143

Heard Smt.Daisy A.Philipose, the learned

¶144

counsel for the petitioner in both writ petitions and Sri.Aravind V. Mathew, the learned Government Pleader for the respondents.

¶145

The Division Bench of this Court, in One Earth One Life v . State of Kerala [judgment dated 14.07.2015 in W.P.(C) No.35501 of 2009], while disposing of the public interest litigation filed by the petitioner against assignment of forest lands illegally under the guise of implementation of the Forest Rights Act and the Rules, directed the State and the Forest Officials to ensure that no land shall be assigned other than in accordance with the provisions of the aforesaid

¶146

Act and Rules. Paragraphs 8 to 10 of the said judgment read as under:-

¶147

“8. There cannot by any dispute regarding the fact that the recognition and vesting of forest rights under the Act to the forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers can only be in respect of forest land. The very concept of the aforesaid statutory provision indicates that forest land can be assigned only with reference to the property in possession of the forest dweller or the tribal, as the case may

¶148

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¶149

¶150

be. It cannot be extended to any other area of forest. In other words, it is not open for the Government to assign any extent of land to the forest dwellers other than the land in their actual possession. When this legal position is clear, we do not think that the Government will have any right to issue any assignment orders or issue pattas based on the minutes of discussion as stated in Ext.P4.

¶151

It is for the Government and its authorities especially the Forest Department to ensure that the forest land is not misutilized by issuing assignment orders/pattas to persons who are not eligible for the same. If there is any encroachment on the forest land, it is for the concerned officers to ensure that encroachment is removed at the earliest.

¶152

Therefore, having regard to the limited scope of the above writ petition, we direct the respondent authorities to ensure that no land shall be assigned other than in accordance with the provisions of the Act and the Rules framed thereunder. It is made clear that para 5 of the minutes of the meeting (Ext.P4) shall not enable any person to claim 1 acre of land from the forest area, other than the land in their possession. The forest department shall also verify whether appropriate demarcation can be made to the aforesaid habitats depending upon the ground reality involved in the matter.”

¶153

In the counter affidavit filed by the DFO, he has categorically denied the allegation of assigning virgin forest lands to ineligible persons under the guise of implementation of the Forest Rights Act. Details of persons, their hamlet, extent of land for which the

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WP(C).9611 & 14386 OF 2021

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¶156

Record of Rights were issued have been stated in the counter affidavit. The status of pending applications is also given. It is stated that the applications for Record of Rights were processed by the DFO only after joint verification by Forest and Revenue Departments as prescribed in Rule 12A of Forest Rights Rules and submitted to the District Level Committee for signing and final issuance of Record of Rights. It is also stated that survey and demarcation of lands will be done before assigning Rights on each application/claim in the case of remaining disputed claims. The affidavit states that urgent steps are being taken to comply with the procedure under the Forest Rights Act and Rules thereunder to ensure that genuine claims for Record of Rights are processed and recognized, while also ensuring that large tracts of virgin forests are not grabbed by ineligible persons under the cover of the Forest Rights Act and Rules thereunder.

¶157

In the light of the counter affidavit filed by the

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WP(C).9611 & 14386 OF 2021

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6^th respondent, we are of the view that these writ petitions can be disposed of with direction to the respondents to strictly comply with the directions in the judgment dated 14.07.2015 in W.P.(C) No.35501 of 2009 and to ensure that no land shall be assigned otherwise than in accordance with the provisions of the Forest Rights Act and the Forest Rights Rules. The District Level Committee shall not grant Record of Forest Right to the scheduled tribes and other traditional forest dwellers without surveying and demarcating the boundaries of land in their actual possession as on 13^th day of December, 2005 and without joint verification as per procedure prescribed under Rule 12A of the Forest Rights Rules. The District Level Committee shall also ensure that recognition of rights and issuance of record of rights shall be done only in respect of eligible persons based on the actual extent of land held by the claimant under the Forest Rights Act as on the relevant date, i.e. 13.12.2005.

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WP(C).9611 & 14386 OF 2021

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¶163

With these directions, the writ petitions are

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disposed of.

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Sd/-

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S. MANIKUMAR CHIEF JUSTICE

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MURALI PURUSHOTHAMAN JUDGE

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spc/

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WP(C).9611 & 14386 OF 2021

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APPENDIX OF WP(C) 9611/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	A TRUE 14/7/20	COPY OF THE J 15	UDGMENT IN WP(C) NO.35501 OF 2009 DATED
EXHIBIT P2	A TRUE ISSUED SECRETA	COPY OF THE L BY THE MINISTR RIES OF ALL STA	ETTER F.NO.12-1/2006-EE DATED 23.09.2010 Y OF ENVIRONMENT AND FORESTS TO THE CHIEF TES.
EXHIBIT P3	A TRUE	COPY OF THE	LETTER NO.B-6730/2016 DATED 05.02.2020
	ISSUED RESPOND	BY DIVISIONAL ENT.	FOREST OFFICER, MANANRKAD TO THE 7TH
EXHIBIT P4	A TRUE BY 5TH	COPY OF LETTER RESPONDENT TO T	NO.A3-4062/2016 DATED 02.03.2020 ISSUED HE DIVISIONAL FOREST OFFICER, MANNARKAD.
EXHIBIT P5	A TRUE	COPY OF THE	LETTER NO.B-6730/2016 DATED 10.03/.2020
	ISSUED COLLECT	BY DIVISIONAL OR, OTTPPALAM A	FOREST OFFICER, MANNARKAD TO THE SUB LONG WITH ITS TRANSLATION.
EXHIBIT P6	A TRUE ISSUED OTTPPAL	COPY OF THE BY FOREST RANGE AM ALONG WITH I	LETTER NO.C2-254/2017 DATED 28.07.2020 OFFICER, ATTAPPADY TO THE SUB COLLECTOR, TS TRANSLATION.

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RESPONDENT EXHIBITS

¶175

EXHIBIT R6(a)	TRUE COPY	OF JOINT	VERIFICATION REPORT OF THE FOREST DEPARTMENT
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 30/12/2021 SUBMITTED TO 7TH
R6(b)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 13/01/2022 SUBMITTED TO 7TH
R6(c)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 27/01/2022 SUBMITTED TO 7TH
R6(d)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 03/02/2022 SUBMITTED TO 7TH
R6(e)	RESPONDENT	BY DFO.M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 08/03/2022 SUBMITTED TO 7TH
R6(f)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 13/04/2022 SUBMITTED TO 7TH
R6(g)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 16/06/2022 SUBMITTED TO 7TH
R6(h)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 13/07/2022 SUBMITTED TO 7TH
R6(i)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT	TRUE COPY	OF THE	LETTER DATED 01/02/2023 SUBMITTED TO 7TH
R6(j)	RESPONDENT	BY DFO,M	ANNARKKAD
EXHIBIT R6(k)	TRUE COPY COMMITTEE	OF THE MI	NUTES DATED 09/12/2021 OF THE DISTRICT LEVEL

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WP(C).9611 & 14386 OF 2021

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APPENDIX OF WPC 14386/2021

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE JUDGMENT IN WPC N.35501/2009 DATED 14/07/2015.
Exhibit P2	A TRUE COPY OF THE LETTER F. NO.12-1/2006-EF DATED 23/09/2010 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS TO THE CHIEF SECRETARIES OF ALL STATES.
Exhibit P3	A TRUE COPY OF THE LETTER NO. PC1-1460/19 DATED 06/02/2020 SUBMITTED BY THE ASSISTANT WILDLIFE WARDEN, PEECHI, BEFORE THE 6TH RESPONDENT, WITH ITS TRANSLATION.
Exhibit P4	A TRUE COPY OF THE MINUTES OF THE SUB DIVISIONAL LEVEL COMMITTEE MEETING HELD ON 22/06/2020 ALONG WITH ITS TRANSLATION.
Exhibit P5	A TRUE COPY OF THE LETTER NO. PW2-3142/2015 DATED 23/01/2021 ISSUED BY THE WILDLIFE WARDEN, PEECHI TO THE DISTRICT COLLECTOR, THRISSUR, ALONG WITH ITS TRANSLATION.
Exhibit P6	A TRUE COPY OF THE MINUTES OF THE DISTRICT LEVEL COMMITTEE MEETING HELD ON 25/01/2021 ALONG WITH ITS TRANSLATION.
Exhibit P7	A TRUE COPY OF THE INTERIM ORDER DATED 09/04/2021 IN WPC NO.9611/2021.

One Earth One Life (Reg. NO.S.246/1988, Kannur) v. State of Kerala

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One Earth One Life (Reg. NO.S.246/1988, Kannur) v. State of Kerala

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