Kerala High Court
One Earth One Life vs State Of Kerala on 21 November, 2023
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
WP(C) No.1801/2010 1 / 13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Tuesday, the 21st day of November 2023 / 30th Karthika, 1945
WP(C) NO. 1801 OF 2010(S)
PETITIONER:
ONE EARTH ONE LIFE (REG.NO.S.246/1988), THRISSUR,
REPRESENTED BY MR.TONY THOMAS, AGED 50 YEARS,
S/O. THOMAS, KIZHAKKEKARA HOUSE, IRUMBAKACHOLA,
KANJIRAPUZHA. P.O., PALAKKAD DIST.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM.
3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS & WILD LIFE,
THIRUVANANTHAPURAM.
4. THE DISTRICT COLLECTOR, IDUKKI.
5. THE DIVISIONAL FOREST OFFICER MUNNAR.
ADDL. R6 IMPLEADED
6. VINOD P.K., AGED 34 YEARS, S/O. P.C.KOCHUKUNJU,
PUTHUPARAPADIKAL, PALLIVASAL P.O., SECOND-MILE,
IDUKKI DISTRICT -685 565.
IS IMPLEADED AS ADDITIONAL RESPONDENT NO.6 VIDE ORDER
DATED 05/03/2010 IN I.A.1888/2010.
ADDL. R7 & R8 IMPLEADED
7. M/S.KANAN DEVAN HILLS PLANTATIONS CO. PVT. LTD.,
KDHP HOUSE, MUNNAR- 685 612, REPRESENTED BY ITS
EXECUTIVE DIRECTOR MR.P.M. SRIKRISHNAN.
P.T.O.
WP(C) No.1801/2010 2 / 13
8. M/S.TATA TEA LIMITED, SPECIAL PROJECTS OFFICE,
GENERAL HOSPITAL COMPLEX, MUNNAR-685 612,
REPRESENTED BY ITS SENIOR MANAGER- IR
(LEGAL AND ADMINISTRATION) MR.PRATAP RAMDAS.
ARE IMPLEADED AS ADDITIONAL R7 & R8 VIDE ORDER
DATED 05/03/2010 IN IA. 3039/2010.
ADDL. R9 IMPLEADED
9. S. RAJENDRAN, S/O.SHANMUGHA VELU, AGED 46,
IKKA BHAVAN, IKKA NAGAR, MUNNAR.
IS IMPLEADED AS ADDITIONAL R9 VIDE ORDER
DATED 31.05.2010 IN I.A.3471/2010.
ADDL. R10 IMPLEADED
10. MAHIN K.U., AGED 28 YEARS, S/O. UMMER,
KUTTAMKULAM, ADIMALY.
IS IMPLEADED AS ADDL. R10 VIDE ORDER DATED 06/01/2017 IN
IA.19544/2016.
ADDL. R11 IMPLEADED
11. MANJU JINCE, PRESIDENT, BAISON VALLEY PANCHAYAT,
AGED 40 YEARS, D/O. MATHEW, VARANAKUZHIYIL (H),
BAISON VALLEY, IDUKKI.
ADDL. R11 IS IMPLEADED AS PER ORDER DATED 13/07/2018 IN
IA.12482/2018.
ADDL. R12 IMPLEADED
12. ILLIAS, AGED 57, S/O.SAIDKUNJU, CHOORAVELIL HOUSE,
VELLATHOOVAL P.O., IDUKKI DISTRICT-685 563.
ADDL. R12 IS IMPLEADED AS PER ORDER DATED 14/02/2020 IN
IA NO.1/2020 IN WPC.
P.T.O.
WP(C) No.1801/2010 3 / 13
ADDL. R13 TO R21 IMPLEADED
13. MUNNAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
14. VELLATHOOVAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
15. PALLIVASAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
16. DEVIKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
17. CHINNAKKANAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
18. BISON VALLEY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
19. SANTHANPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
20. UDUMBANCHOLA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
21. MANKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
ADDL. R13 TO R21 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 13/06/2023 IN WPC NO.1801/2010.
ADDL. R22 TO R26 IMPLEADED
22. MARAYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
23. IDAMALAKUDI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
24. KANTHALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
25. VATTAVADA, GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY.
26. NATIONAL ENVIRONMENTAL ENGINEERING RESEARCH
INSTITUTE (CSIR-NEERI), NEHRU MARG, NAGPUR-440020.
ADDL. R22-R26 ARE IMPLEADED AS PER ORDER DATED 20/06/2023
IN WPC 1801/2010.
ADDL. R27 IMPLEADED
27. THE STATE DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS MEMBER SECRETARY,
THIRUVANANTHAPURAM, KERALA- 695 033.
ADDL. R27 IS SUO MOTU IMPLEADED AS PER ORDER DATED
27/06/2023 IN WPC NO. 1801/2010
P.T.O.
WP(C) No.1801/2010 4 / 13
ADDL. R28 IMPLEADED
28. V.MOHANKUMAR, SECRETARY PUBLIC INTEREST PROTECTION
ASSOCIATION, MUNNAR, PIN - 685 612.
ADDL.R28 IS IMPLEADED AS PER ORDER DATED 01/08/2023
IN IA NO. 9375/2018 IN WP(C) NO. 1801/2010.
ADDL. R29 IMPLEADED
29. KERALA KARSHAKA SANGHAM, IDUKKI DISTRICT COMMITTEE,
IDUKKI, REPRESENTED BY ITS SECRETARY, ROMEO SEBASTIAN,
AGED 49 YEARS, S/O. SEBASTIAN, RESIDING AT
KOLLAKOMBIL HOUSE, KALVARI MOUNT P.O., IDUKKI - 685 515.
ADDL.R29 IS IMPLEADED AS PER ORDER DATED 01/08/2023
IN IA NO. 3/2023 IN WP(C) NO. 1801/2010.
ADDL. R30 IMPLEADED
30. THE DISTRICT POLICE CHIEF, IDUKKI.
ADDL. R30 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 01/08/2023 IN WP(C) NO. 1801/2010.
ADDL. R31 IMPLEADED
31. REJI JAICOB, AGED 54 YEARS, SON OF JAICOB,
PRESIDENT, KERALA KARSHAKA UNION (M),
STATE COMMITTEE OFFICE, NEAR FIRE STATION,
PALACE ROAD, KOTTAYAM - 686 001.
ADDL.R31 IS IMPLEADED AS PER ORDER DATED
08/08/2023 IN IA NO. 5/2023 IN WP(C) NO. 1801/2010.
ADDL. R32 IMPLEADED
32.ATHIJEEVANA PORATTA VEDHI, IDUKKI (REG NO:IDK/TC/195/2018),
REPRESENTED BY CHAIRMAN, C.S RAZAK, AGED 55 YEARS,
S/O LATE SAITH KUNJ, CHOORAVELIL HOUSE, VELLATHOOVAL WEST,
VELLATHOOVAL P.O., IDUKKI DISTRICT, PIN - 685563
ADDL.R32 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 1/2023 IN WP(C) NO. 1801/2010
WP(C) No.1801/2010 5 / 13
ADDL. R33 IMPLEADED
33.DEAN KURIAKOSE, AGED 42 YEARS,S/O.A.M.KURIAKOSE,
ANANICKAL HOUSE, PAINGOTTOOR P.O., KULAPPURAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN 686 671
ADDL.R33 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 4/2023 IN WP(C) NO. 1801/2010.
ADDL. R34 IMPLEADED
34.SAJEEV SEBASTIAN, AGED 51 YEARS, S/O SEBASTIAN,
KONDATTUPARAMBIL HOUSE, SHANTHANPARA, PUTHADY P.O,
RAJAPPARA, IDUKKI DISTRICT-685619
ADDL.R34 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 6/2023 IN WP(C) NO. 1801/2010.
ADDL. R35 IMPLEADED
35.THE DISTRICT COMMITTEE OF COMMUNIST PARTY OF INDIA
(MARXIST),COM. M JINADEVAN MEMORIAL BUILDING,
CHERUTHONI,IDUKKI COLONY P.O.,IDUKKI DISTRICT,
PIN-685602,REPRESENTED BY ITS SECRETARY, C.V.VARGHESE
ADDL.R35 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 8/2023 IN WP(C) NO. 1801/2010.
ADDL. R36 IMPLEADED
36.GIGGY DANI,WIFE OF DANI THOMAS, 10-C,
LORDS SKYLINE IMPERIAL GARDENS , PALARIVATTAM,
KALOOR. P.O., DIST. ERNAKULAM,682017
ADDL.R36 IS IMPLEADED AS PER ORDER DATED
22/08/2023 IN IA NO. 9/2023 IN WP(C) NO. 1801/2010.
P.T.O.
WP(C) No.1801/2010 6 / 13
ADDL. R37 IMPLEADED
37.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAWAN, CGO COMPLEX LODHI ROAD,
NEW DELHI-110 003.
ADDL. R37 IS IMPLEADED AS PER ORDER DATED 05/09/2023
IN WP(C) 1801/2010(S).
ADDL. R38 IMPLEADED
38. THE ELECTION COMMISSION OF INDIA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001.
ADDL. R38 IS SUO MOTU IMPLEADED AS PER ORDER DATED
10/10/2023 IN WP(C) 1801/2010(S)
ADDL. R39 & R40 IMPLEADED
39. JOSEPH VARKEY S/O. VARKEY, AGED 79 YEARS,
CHITHRAPURAM. P.O., ANCHAL, DEVIKULAM TALUK,
IDUKKI DISTRICT,PIN-685565
40. LILLY GEORGE W/O. JOSEPH VARKEY, AGED 72 YEARS,
CHITHRAPURAM. P.O., ANCHAL, DEVIKULAM TALUK,
IDUKKI DISTRICT,PIN-685565
ADDL. R39 AND R40 ARE IMPLEADED AS PER ORDER
DATED 31.10.23 IN IA 13/23 IN WP(C) 1801/10
ADDL. R41 IMPLEADED
41. HIGH RANGE TOTTAM TOZHILALI UNION
REG. NO. 06-7 OF 1996, SANTHANPARA, IDUKKI,
REPRESENTED BY ITS PRESIDENT, V.N MOHANAN,
AGED 60 YEARS, S/O NARAYANAN, VILAYALIL(H),
VATTAPPARA P.O, IDUKKI DISTRICT-685619
ADDL.R41 IS IMPLEADED AS PER ORDER DATED
31.10.23 IN IA 16/23 IN WP(C) 1801/10
WP(C) No.1801/2010 7 / 13
ADDL. R42 IMPLEADED
42. THE DIRECTOR, DIRECTORATE OF SURVEY,
THIRUVANANTHAPURAM - 695 014.
ADDL. R42 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 14/11/2023 IN WP(C) 1801/10.
Writ petition (civil) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(C)
the High Court be pleased to direct respondents 1 and 2 to
declare a moratorium on all land deals in Devikulam,
Udumbanchola and Peerumedu taluks in Idukki district and to stop
all constructions sanctioned at Chinnakkanal, Pallivasal,
Devikulam, Udumbanchola and Peerumedu taluks in Idukki district
until an inquiry was held into the genuineness of the title
deeds, pending disposal of the writ petition in the interest of
justice.
This petition again coming on for orders upon perusing the
petition and the affidavit filed in support of WP(C), this
Court's order dated 14/11/2023 and upon hearing the arguments of
SMT.DAISY A.PHILIPOSE, Advocate for the petitioner, SRI. K.P.
JAYACHANDRAN, ADDL. ADVOCATE GENERAL, SRI.M.H. HANIL KUMAR &
SRI.S. RENJITH, SPECIAL GOVERNMENT PLEADERS, SRI.JAFFER KHAN.
Y., SENIOR GOVERNMENT PLEADER for R1 to R5, Addl.R30 & Addl.R42,
SRI.K.RAMAKUMAR (Senior Advocate) along with SMT.SMITHA GEORGE,
Advocates for Addl.R6, SRI.JOSEPH KODIANTHARA (Senior Advocate)
along with M/S. MATHEWS K.UTHUPPACHAN, BINU MATHEW, TERRY
V.JAMES & B.J. JOHN PRAKASH, Advocates for Addl.R7 and Addl.R8,
SRI.S.SREEKUMAR, SENIOR ADVOCATE for Addl. R9, SRI.MATHEW
A.KUZHALANADAN, Advocate for Addl. R10 and of M/S.MATHEW
A.KUZHALANADAN, V. SHYAMOHAN & ANITHA MATHAI MUTHIRENTHY,
Advocates for Addl. R11, SRI.G. SREEKUMAR (CHELUR), Advocate for
R12, STANDING COUNSELS for R13, R14, R16 & R20, SRI.JOICE
GEORGE, STANDING COUNSEL for R15 & R19, SRI.ARUN THOMAS,
Advocate for R17 & R25, M/S. A.S.DILEEP, P.BINOD,
K.Y.SUDHEENDRAN, SUSEELA DILEEP, SUDEEP ARAVIND PANICKER and
HARITHA HARINATH, Advocates for R22, SRI.S. MANU, DEPUTY
SOLICITOR GENERAL OF INDIA & CENTRAL GOVERNMENT COUNSEL for R26
& R37, SRI.BABU PAUL, Advocate for Addl.R28, SRI.D.KISHORE,
Advocate for Addl.29, M/S. AUGUSTINE JOSEPH & TONY AUGUSTINE,
Advocates for Addl.R31, M/S.PEEYUS A.KOTTAM & R.G.RAGESH CHAND,
Advocates for ADDL.R32, M/S.ARUN THOMAS and SHINTO MATHEW
ABRAHAM, Advocates for ADDL.R33, M/S.ASWATHY KRISHNAN and
A.L.NAVANEETH KRISHNAN, Advocates for Addl.R34,
SRI.S.SREEKUMAR,SENIOR ADVOCATE a/w SRI.LIJI J.VADAKKEDOM,
Advocates for Addl.R35, M/S. K.REGHU KOTTAPPURAM, MAHESH R
(KOTTAPPURAM) & MURUKESH REGHU, Advocates for
WP(C) No.1801/2010 8 / 13
Addl.R36, SRI.DEEPU LAL MOHAN, STANDING COUNSEL for
Addl.R38, M/S. M.S.RADHAKRISHNAN NAIR and ELIZEBATH
GEORGE,Advocates for Addl.R39 & Addl.R40,M/S.K.N.ABHILASH and
SUNIL NAIR PALAKKAT, Advocates for Addl.R41 and of SENIOR
ADVOCATE SRI.RENJITH THAMPAN and ADVOCATE SRI.HARISH VASUDEVAN,
AMICI CURIAE, the court passed the following:-
P.T.O.
WP(C) No.1801/2010 9 / 13
A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
------------------------------
WP(C) No. 1801 of 2010
------------------------------
Dated this the 21st day of November, 2023
ORDER
A. MUHAMED MUSTAQUE, J.
One of the prayers in this writ petition is for a direction to constitute a Special Investigation Team comprising of officers of proven integrity to investigate into fabrication of title deeds as mentioned in Ext.P1 and to prosecute the officers found responsible for such fabrication.
2. In a connected Public Interest Litigation, WP(C) No.34095 of 2007, the Government constituted an expert committee to trace out bogus patta in the KDH Village as early as in 2003. Learned Government Pleader placed an Action Taken Report before this Court along with a memo as directed by this Court on 19.02.2010, wherein it is stated that in the KDH Village itself, out of 641 Thandappers, 194 alone are found to be genuine. The Action Taken Report submitted by the Under Secretary to Government, Revenue Department, based on the report of the District Collector, WP(C) No.1801/2010 10 / 13 WP(C) No. 1801 of 2010 ..2..
Idukki, specifically relates to bogus pattas and fabricated documents. All the details relating to investigation and findings are available in the Action Taken Report, which clearly establish that there are large number of bogus pattas obtained by different holders and they might have created semblance of interest by obtaining revenue certificates from various authorities. Taking note of the large number of such bogus pattas and semblance of possession created through revenue certificates, it is highly necessary to constitute a Special Team to take action.
3. On 14.11.2023, during last hearing, we passed the following order;
"We heard the learned Senior Counsel Sri. Ranjith Thampan, we find that one of the issue in the Idukki District is in regard to the Digital Survey Records and comparing with the Thandapper issued to the land owners. As seen from the various reports placed before this Court by the learned Amici Curiae many bogus Patta were created and Thandapper were effected based on such Pattas. It seems that some of them submitted return before the Taluk Land Board to legalise their illegal occupation and to make a legal colour to their title.
2. Unlike many other areas, the land in Idukki District originally vested with the Government and the Government assigned the land to the Patta holders under the Kerala Land Assignment WP(C) No.1801/2010 11 / 13 WP(C) No. 1801 of 2010 ..3..
Rules and various other Rules. In that sense, it would be easy to survey the land by verifying Government Records and the Thandapper Register. The Government is having equipments for digital survey , high priority has to be given to Idukki District for conducting Digital survey. The Director of Survey has been suo motu impleaded in the party array. He shall order to conduct Digital survey within the Idukki District and the survey team shall verify the survey records and Thandapper Register in that process. High priority shall be accorded to Chinnakanal, Pallivasal and Vagamon at the initial phase. The Director of Survey shall constitute a special team for Digital survey and intimate that before this court within a period of one week."
In that order, this Court ordered digital survey after adverting to revenue records to find out the holders of the land, who are genuinely holding patta or other title on valid documents, and to find out title of the parties based on a valid patta issued under the Kerala Land Assignment Rules and various other Rules. These exercises will have to be combined and operated together to achieve a desirable result.
4. We, therefore, direct the Secretary to Government, Revenue Department, to submit before this Court as to whether a Special Team can be constituted for investigating into bogus pattas issued, to take action thereon, and to WP(C) No.1801/2010 12 / 13 WP(C) No. 1801 of 2010 ..4..
repossess such land in accordance with law. Such a team shall be lead by at least an officer of rank of Sub Collector or Tahsildar, who shall be given all powers under the Land Conservancy Act as well.
Post on 22.11.2023.
Sd/-
A. MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE bka/-
21-11-2023 /True Copy/ Assistant Registrar WP(C) No.1801/2010 13 / 13 APPENDIX OF WP(C) 1801/2010 Exhibit P1 A TRUE COPY OF THE REPORT SUBMITTED BEFORE THE 2ND RESPONDENT BY THE ADDL. DIRECTOR GENERAL OF POLICE [INTELLIGENCE] DATED 01/04/2004. 21-11-2023 /True Copy/ Assistant Registrar