One Earth One Life vs State Of Kerala on 3 April, 2025

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Kerala High Court

One Earth One Life vs State Of Kerala on 3 April, 2025

The 1st petitioner in W.P.(C)No.4000 of 2022, claiming as a registered Society consisting of agriculturists as members, represented by its Chairman and the 2nd petitioner as the owner of 30 cents of landed property in Survey No.362/5-1 (Old Survey No.435A 120-3) of Anaviratty Village, Devikulam Taluk in Idukki District by virtue of sale deed bearing No.622/2017 of SRO Devikulam, filed the writ petition under Article 226 of the Constitution of India seeking the following reliefs:

"i) Call for the entire records leading to Ext-P2, P4 and P11 circulars issued by the 4th and 5th respondents and thereby discriminating the petitioners and other villagers in 7 villagers named Chinnakanal, Santhanpara, Vellathooval, Pallivasal, Anaviratty, Bison Valley and Aanavilasam from the rest of Kerala and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

ii) Declare that the 4th and 5th respondents has no legal authority or jurisdiction to impose conditions for construction of residential building owned by the petitioners and others in LA patta land over and above the conditions in the Kerala Panchayat Building Rules, 2019 and the provisions in Kerala Land Assignment Act, 1960 and Rules 1964.

WP(C) NO. 4000 OF 2022 & CON.CASES 12 2025:KER:32452

iii) Declare that the 4th and 5th respondents has no legal authority or jurisdiction to issue Exts-P2, P4 and P11 circulars without consent and concurrence of the state government on the basis of the stand of the government in Ext-P5 writ appeal filed before this Hon'ble Court as well as before the Hon'ble Supreme Court in SLP No.10774- 10778/2020 filed against Ext-P6 judgment.

iv) Declare that in the light of Ext-P8 circular issued by the revenue department in compliance with the directions of this Hon'ble Court in W.P.(C) 17983/2019, 29865/19 and 32098/19 for having a unified procedure throughout Kerala for preventing the illegal use of LA patta land for purpose other than permissible, Exts-P2, P4 and P11 circulars has no relevance and any binding effect.

v) Declare that the members of 1st and 2nd petitioners have every right to get building permit for residential purposes on complying the conditions in Ext-P9 circular issued by the government notwithstanding the conditions in Ext-P2, P4 and P11 circulars issued by the 4th and 5th respondents."

2. The 4th respondent District Collector filed a counter affidavit dated 11.03.2022 opposing the prayers in the writ petition, producing therewith Exts. R4(a) to R4(f) documents.

3. On 10.10.2023, another Division Bench of this Court dismissed this writ petition. However, on 17.10.2023, that oral judgment was recalled by the Division Bench.

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4. The 1st petitioner in W.P.(C)No.29788 of 2023, claiming as a registered Society represented by its Secretary and the 2 nd petitioner a resident of Vattavada Grama Panchayat, claiming as fighting against the discriminative measures taken by the 7 th and 8th respondents against the selected areas in Idukki district filed this writ petition under Article 226 of the Constitution of India seeking the following reliefs:

"i) Call for the entire records leading to Exts-P4, P5, P8, P9 and P10 passed by the 7th and 8th respondents and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command the respondents to take steps to amend the building rules in such a way to restrict developmental activities including construction in the high hazard zones as marked in the district wise land slide hazard susceptibility map as mandated in Clause 3.21 of Kerala State Disasters Management Plan 2016 and which insist that the risk reduction instructions shall be treated as a direction under Section 22 (2) (b) and strict direction for compliance shall be issued to the concerned departments and Local Self Government under Section 30 (2) (v) failing which action under Section 51 (b) shall be initiated against those who are unwilling to comply.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command the respondents 1 WP(C) NO. 4000 OF 2022 & CON.CASES 14 2025:KER:32452 to 4 frame appropriate guideline, rules, regulations to regulate the developmental activities in the high hazard zone as marked red and orange zone in the district vise land slide hazard susceptibility map, having a uniform application throughout the state, instead of allowing its subordinate officials to issue/guidelines/restrictions, conditions against the developmental activities including constructions, in such area in accordance with their whim and fancy.

iv) Direct the State Government to prepare district wise Disaster Management Plan in the scale of 1:10000 or 1:5000 as stipulated in Ext-P11 Office Memorandum issued by the Government of India, to have a site specific study, since use of the susceptibility map (1:50000 scale) prepared by GSI for development of a specific site is not advisable.

v) Declare that the 7th and 8th respondents has no legal authority or jurisdiction to impose conditions for construction of residential building owned by the LA patta land holders, over and above the conditions in the Kerala Panchayat Building Rules, 2019 and the provisions in Kerala Land Assignment Act, 1960 and Rules 1964.

vi) Declare that the 7th and 8th respondents has no legal authority or jurisdiction to issue Exts-P4, P5, P8, P9 and P10 without consent and concurrence of the state of government."

5. W.P.(C)No.393 of 2024 is filed by the petitioners claiming that they are occupants of Government Poramboke land WP(C) NO. 4000 OF 2022 & CON.CASES 15 2025:KER:32452 for the last several years. According to the petitioners, the resurvey authority has issued Ext.P22 letter dated 22.07.2023 and thereby insisted that the details of the occupants of the Government land need not be mentioned in Form No.50. As far as Chinnakanal Grama Panchayat is concerned, the resurvey is not finalised. If in the resurvey records, the petitioners' possession is not shown, it will adversely affect their right to get assignment.

Therefore, the petitioners filed the writ petition seeking the following reliefs under Article 226 of the Constitution of India:

"i)Call for the entire records leading to Ext-P20 circular, issued by the 3rd respondent/Director, Survey and Land Records, and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction;

ii) Issue a writ of mandamus or any other appropriate writ, order or direction thereby command the respondents 2 to 7 to fill column No. 17 and 18 of Ext-P23 Form 50 (Form of Field Register) of Survey Manual, while preparing digital survey records of Chinnakanal Grama Panchayath in Udumbanchola Taluk."

6. In W.P.(C)No.393 of 2024 the 3rd respondent Director, Survey and Land Records Department filed a counter affidavit dated 07.09.2024 opposing the prayers in the writ petition and producing therewith Ext.R3(a) document.

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7. On 29.05.2024, when these writ petitions along with some other connected matters came up for consideration, another Division Bench of this Court passed the following order:

"Based on an oral direction of this Court learned Government Pleader handed over a copy of the order passed by the Government dated 18.1.2022. By the said order the Government ordered to revoke more than 530 patta issued by M.I.Raveendran in different Villages in Devikulam Taluk. It is specifically found that such patta were issued misusing the authority as Deputy Tahsildar. However, it is not discernible whether any crime has been registered against Sri.M.I.Raveendran. We specifically direct the Government Pleader to get instructions whether any crime has been registered against Sri.M.I.Raveendran referred in the order and also to get instructions whether any disciplinary action has been initiated against the afore-said Sri.M.I.Raveendran."

8. On 04.06.2024 the Division Bench of this Court passed the following order:

"Read order dated 29.05.2024.

2. Having considered this public litigation in many other connected matters, we noticed that criminal investigation in these matters are lagging and are not productive to yield of any desirable results. One Sri.M.I.Raveendran, who acted as a Deputy Tahsildar, issued large number of Pattas. The Government ordered to revoke more than 530 Patta issued WP(C) NO. 4000 OF 2022 & CON.CASES 17 2025:KER:32452 by him in different villages in Devikulam Taluk. One criminal case was registered against him and a final report was submitted exonerating him and further action has been dropped. We cannot believe that he had issued these Pattas by acting in an irregular manner. This could have been done for some favour or consideration. Anyway, we are shocked that no proper investigation has been conducted in the matter.

3. Further, we note that large number of criminal cases ended in acquittal. We shall advert the nature of those cases at appropriate time. We also note that in many number of cases, Revenue officials have been arrayed as accused by merely incorporating Section 120B of the Indian Penal Code, but without conducting any further investigation under the Prevention of Corruption Act, 1988. These would show that further investigation may be required. In what manner further investigation will have to be ordered is a matter to be decided by this Court. At this stage, we also feel that CBI and Union Government of India also be impleaded in these matters to decide whether any further investigation to be entrusted with the CBI or any other agency under the State Government.

Accordingly, we suo motu implead "Central Bureau of Investigation, ACB, Kathrikadavu, Cochin 682 017" and "Union Government of India, represented by Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi 110 001" in the party array. Sri. Sreelal Warriar, learned Standing Counsel takes WP(C) NO. 4000 OF 2022 & CON.CASES 18 2025:KER:32452 notice for CBI and the learned DSGI takes notice for the Union Government of India."

9. On 06.02.2025 when these writ petitions were taken up for consideration there was no appearance for the petitioners.

Hence, the matters were ordered to be listed on 13.02.2025 for disposal. On 13.02.2025 also none appeared for the petitioners and hence, Registry was directed to issue notice to the petitioners intimating the next posting date and the writ petitions were posted to 17.03.2025. On 17.03.2025, it was reported from the Registry that signed acknowledgement cards of the petitioners were received. However, there was no appearance for the petitioners and hence the writ petitions were listed to this day.

Today also there is no appearance for the petitioners. Hence, these writ petitions are dismissed for non-prosecution.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

WP(C) NO. 4000 OF 2022 & CON.CASES 19 2025:KER:32452 APPENDIX OF WP(C) 4000/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 2ND PETITIONER'S PROPERTY FOR THE YEAR 2019- 2020.

Exhibit P2 THE TRUE COPY OF THE CIRCULAR BEARING NO.C4-25908/2015 DATED 09.06.2016 ISSUED BY THE 4TH RESPONDENT.

ExhibitP3 TRUE COPY OF THE ORDER DATED 21.01.2010 IN W.P.(C) 1801/2010 AND W.P.(C) NO. 34095/2009 OF DIVISION BENCH OF THIS HON'BLE COURT.

Exhibit P4 THE TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT, REVENUE DIVISIONAL OFFICER BEARING NO. B6-638/2016 DATED 26.05.2016.

Exhibit P5 THE TRUE COPY OF THE MEMORANDUM OF W.A.NO.1144/2020 FILED BY THE STATE GOVERNMENT WITHOUT ANNEXURES.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.A.NO.1144/2020 DATED 26.08.2020.

Exhibit P7 THE TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONORABLE COURT OF KERALA IN W.P.(C) NO. 31268/2007.

Exhibit P8 THE TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONORABLE COURT OF KERALA IN O.P. 18467/2002.

Exhibit P9 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE STATE GOVERNMENT DATED 01.10.2021.

Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) 25546 OF 2021 DATED 03.12.2021.

Exhibit P11 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE DISTRICT COLLECTOR DATED 01.01.2022.

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Exhibit P12           THE TRUE COPY OF THE ORDER ISSUED BY THE
                      SUB COLLECTOR DATED 23.10.2017.

RESPONDENT EXHIBITS

TRUE COPY OF THE GOVT.ORDER GO(RT)NO.199/ EXHIBIT R4(a) 2018/RD DATED 26.05.2018 OF REVENUE (A) DEPT.

TRUE COPY OF THE GOVT.ORDER GO(RT)NO.381/ EXHIBIT R4(b) 2018/RD DATED 20.10.2018 OF REVENUE (A) DEPT.

TRUE COPY OF THE GOVT.ORDER GO(RT)NO.290/ 2020/RD DATED 02.12.2020 OF REVENUE (A) EXHIBIT R4(c) DEPT.

TRUE COPY OF THE CIRCULAR NO.REV-A2/49/ 2021/RD DATED 01.10.2021 OF REVENUE (A) EXHIBIT R4(d) DEPT.

TRUE COPY OF THE GOVT.LETTER REV-R2/145/ EXHIBIT R4(e) 2019-REV DATED 17.06.2020 OF REVENUE (R) DEPT.

TRUE COPY OF THE GOVT.ORDER GO(MS)NO.14/ 2022/RD DATED 18.01.2022 OF REVENUE (A) EXHIBIT R4(f) DEPT.

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                  APPENDIX OF WP(C) 29788/2023

PETITIONERS' EXHIBITS

Exhibit P1          THE TRUE COPY OF THE CERTIFICATE ISSUED BY
                    THE REGISTRAR OF SOCIETIES DATED
                    19.07.2023.

Exhibit P2          TRUE COPY OF THE RELEVANT PAGE NOS. 115 TO

117 OF KERALA STATE DISASTER MANAGEMENT PLAN, 2016 PUBLISHED UNDER SECTION 23 (1) OF THE DISASTER MANAGEMENT ACT, 2005 (CENTRAL ACT 53 OF 2005).

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE NOS. 122 & 123 OF KERALA STATE DISASTER MANAGEMENT PLAN, 2016 DEALS ABOUT MAINSTREAMING DISASTER MANAGEMENT.

Exhibit P4 THE TRUE COPY OF THE CIRCULAR BEARING NO.C4-25908/2015 DATED 09.06.2016 ISSUED BY THE 7TH RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE ORDER OF THE 8TH RESPONDENT, REVENUE DIVISIONAL OFFICER DATED 26.05.2016.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.A.NO.1144/2020 DATED 26.08.2020.

Exhibit P7 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE STATE GOVERNMENT DATED 01.10.2021.

Exhibit P8 THE TRUE COPY OF THE CIRCULAR NO.DCIDK/3701/2018-C4 ISSUED BY THE DISTRICT COLLECTOR DATED 01.01.2022.

Exhibit P9 THE TRUE COPY OF THE ORDER ISSUED BY THE SUB COLLECTOR, DEVIKULAM NO.B2-5090/17 DATED 23.10.2017.

Exhibit P10 THE TRUE COPY OF THE ORDER ISSUED BY THE CHAIR PERSON OF DISTRICT DISASTER MANAGEMENT NO.DCIDK/4747/2023-DM3 DATED 29.07.2023.


Exhibit P11         THE TRUE COPY OF THE OFFICE MEMORANDUM
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ISSUED BY THE MINISTRY OF HOME AFFAIRS, NATIONAL DISASTER MANAGEMENT DIVISION, GOVERNMENT OF INDIA DATED 03.11.2004.

Exhibit P12 THE TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER, GEOLOGICAL SURVEY OF INDIA, THIRUVANANTHAPURAM DATED 22/05/2018.

Exhibit P13 THE TRUE COPY OF THE REPLY SENT BY THE GEOLOGICAL SURVEY OF INDIA, SOUTHERN REGION DATED 29/06/2018.

Exhibit P14 THE TRUE COPY OF THE REPLY SENT BY THE DEPUTY DIRECTOR GENERAL, GEOLOGICAL SURVEY OF INDIA, SOUTHERN REGION, HYDERABAD DATED 22/06/2018.

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                   APPENDIX OF WP(C) 393/2024

PETITIONERS' EXHIBITS

Exhibit P1          THE TRUE COPY OF THE PROPERTY TAX RECEIPT

SHOWING PAYMENT OF PROPERTY TAX FOR THE 1ST PETITIONER'S BUILDING BEARING DOOR NO. 7/50 OF CHINNAKANAL GRAMA PANCHAYATH FOR THE YEAR 2023-24.

Exhibit P2 THE TRUE COPY OF ELECTION ID CARD ISSUED TO THE 1ST PETITIONER/BABY THOMAS BY THE ELECTORAL REGISTRATION OFFICER DATED 22.10.2015.

Exhibit P3 THE TRUE COPY OF THE RATION CARD BEARING NO. 1630086853 ISSUED IN THE NAME OF THE 2ND PETITIONER/SELVI DAS.

Exhibit P4 THE TRUE COPY OF THE PROPERTY TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 3RD PETITIONER'S/K.P.PAULOSE'S BUILDING BEARING DOOR NO. 9/173 OF CHINNAKANAL GRAMA PANCHAYATH FOR THE YEAR 2018-19.

Exhibit P5 THE TRUE COPY OF THE RATION CARD BEARING NO. 1630065642 ISSUED IN THE NAME OF THE 4TH PETITIONER/MICHAEL P.A. Exhibit P6 THE TRUE COPY OF THE ELECTION ID DATED 18.06.2015 OF THE 5TH PETITIONER/BASIL GEORGE ISSUED BY THE ELECTORAL REGISTRATION OFFICER.

Exhibit P7 THE TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF 5TH PETITIONER'S WIFE BINDHU BASIL.

Exhibit P8 THE TRUE COPY OF THE ELECTION ID OF THE 6TH PETITIONER/NAGAYYA MUNISWAMY ISSUED BY THE ELECTORAL REGISTRATION OFFICER.

Exhibit P9 THE TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF 6TH PETITIONER'S WIFE N.REETHA BEARING NO. 1630106116.

Exhibit P10 THE TRUE COPY OF THE PROPERTY TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 6TH WP(C) NO. 4000 OF 2022 & CON.CASES 24 2025:KER:32452 PETITIONER'S/NAGAYYA MUNISWAMY'S BUILDING BEARING DOOR NO. 7/21 OF CHINNAKANAL GRAMA PANCHAYATH FOR THE YEAR 2023-24.

Exhibit P11 THE TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF 7TH PETITIONER'S WIFE ARCHANA SANKAR BEARING NO. 1630133437.

Exhibit P12 TRUE COPY OF THE AADHAR CARD ISSUED IN THE NAME OF THE 7TH PETITIONER/SANKAR.

Exhibit P13 THE TRUE COPY OF THE ELECTION ID CARD OF THE 8TH PETITIONER/PRADEEP.

Exhibit P14 THE TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF 9TH PETITIONER'S WIFE ANNAKKUTTY XAVIER.

Exhibit P15 THE TRUE COPY OF THE PROPERTY TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 9TH PETITIONER'S/P.D.XAVIER'S BUILDING BEARING DOOR NO. 9/65 OF CHINNAKANAL GRAMA PANCHAYATH FOR THE YEAR 2023-24.

Exhibit P16 THE TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF 10TH PETITIONER'S WIFE VIMALA BALAN.

Exhibit P17 THE TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF 11TH PETITIONER'S WIFE BHAGYAM.

Exhibit P18 THE TRUE COPY OF THE PROPERTY TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 11TH PETITIONER'S/RAJA'S BUILDING BEARING DOOR NO. VII/76 (NEW NO. VII/33) OF CHINNAKANAL GRAMA PANCHAYATH FOR THE YEAR 2022-23.

Exhibit P19 THE TRUE COPY OF THE PROPERTY TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 12TH PETITIONER'S BUILDING BEARING DOOR NO. 7/62 OF CHINNAKANAL GRAMA PANCHAYATH FOR THE YEAR 2022-23.

Exhibit P20 THE TRUE COPY OF THE COMMUNICATION DATED 04.07.2023 SENT FROM THE OFFICE OF THE DIRECTOR, SURVEY AND LAND RECORDS, TRIVANDRUM.

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Exhibit P21           THE TRUE COPY OF THE REPRESENTATION
                      SUBMITTED BY THE CHINNAKANAL

BHOOSAMRAKSHANA SAMITHY CONVENOR A.DAS, CHAIRMAN V.X.ALBIN BEFORE THE CHIEF MINISTER DATED 16.12.2023.

Exhibit P22 THE TRUE COPY OF THE ORDER DATED 22.07.2023 ISSUED BY THE DIRECTOR, SURVEY AND LAND RECORDS, DIRECTING INCORPORATE THE NAMES AND DETAILS OF THE OCCUPANTS OF THE GOVERNMENT LAND IN THE DIGITAL RESURVEY RECORDS.

Exhibit P23 THE TRUE COPY OF THE FORM 50 (FORM OF FIELD REGISTER) SURVEY MANUAL.

Exhibit P24 THE TRUE COPY OF THE ANSWER GIVEN BY THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF RESURVEY ASSISTANT DIRECTOR, THODUPUZHA DATED 20.10.2016.

Exhibit P25 THE TRUE COPY OF THE COMMUNICATION DATED 24.11.2023 SENT BY THE DIRECTOR OF RESURVEY AND LAND RECORDS, THIRUVANANTHAPURAM TO THE PRESIDENT OF CHINNAKANAL BHOOSAMRAKSHANA SAMITHY.

Exhibit P26 THE TRUE COPY OF THE DECISION NO.2/1 TAKEN BY THE CHINNAKANAL GRAMA PANCHAYATH IN ITS COMMITTEE MEETING HELD ON 28.10.2023.

RESPONDENT EXHIBITS Exhibit R3(a) TRUE COPY OF THE GOVERNMENT ORDER G.O(Ms)No.19/2024/RD,dated 12.01.2024.

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