Kerala High Court
Palan Kuttappan vs State Of Kerala on 11 March, 1998
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 25TH DAY OF MAY 2012/4TH JYAISHTA 1934
WP(C).No. 17885 of 2011 (I)
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PETITIONER(S):
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1. PALAN KUTTAPPAN,S/O.PALAN, AGED 68,
PARAKKAL VEEDU, R/A.PAREMAVIL VEEDU
VAZHATHOPPU P.O.,IDUKKI COLONY,IDUKKI DISTRICT
2. M.Y.JOHN, S/O.YOHANNAN, AGED 58,
MANAPPATTU, MANANGALLUR,KURUVAMOZHI P.O.
ERUMELY
3. RAJAN,S/O.PODIAN, AGED 48,
THONAKKARA THADATHIL, PUCHAVAYAL P.O.,504 COLONY
MUNDAKKAYAM
4. N.KUTTAN, S/O.MATHANI,MAMPURAKKAL,
AGED 61, VAZHUR EAST P.O.,VAZHUR
KOTTAYAM
5. ISAC M.M.S/O.,MATHAI,
PANICHEPARAMBIL, AGED 40, MANANGALLUR
KURUVAMOZHI, P.O.,ERUMELY
BY ADVS.SRI.S.SHYAM
SRI.BOBBYMATHEW KOOTHATTUKULAM
RESPONDENT(S):
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1. STATE OF KERALA
REP.BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2. THE DISTRICT COLLECTOR, IDUKKI,
COLLECTORATE, KUILIMALA, PAINAVU,
IDUKKI DISTRICT, PIN-685 603
3. THE TAHSILDAR, DEVIKULAM TALUK,
IDUKI DISTRICT-685 603
BY GOVERNMENT PLEADER SRI.M.P MADHAVANKUTTY.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17885 of 2011 (I)
APPENDIX
PETITIONER'S EXHIBITS :-
EXT.P1 : COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST
PETITIONER.
EXT.P2 : COPY OF REPLY.
EXT.P3 : COPY OF JUDGMENT DATED 11-3-1998.
EXT.P4 : COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER.
EXT.P5 : COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER.
EXT.P6 : COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER.
EXT.P7 : COPY OF THE APPLICATION SUBMITTED BY THE 4TH PETITIONER.
EXT.P8 : COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE
amk
MANJULA CHELLUR (Ag.CJ)
& A.M.SHAFFIQUE, J.
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W.P.(C) No. 17885 of 2011
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Dated this the 25th May , 2012
J U D G M E N T
MANJULA CHELLUR (Ag.CJ) The petitioners in this writ petition claiming to be landless agricultural labourers contend that since time immomorial, their families were residing in Poothakkuzhi and Punnayar in Idukki District and the Forest Department took steps to evict them by demolishing the residential establishments put up by them way back in 1965. According to them, it has serious impact on their lives by displacing them. They have given applications to the Government for assignment of the lands. In view of some assurance given to them by the officials of the Forest Department, they have not at all considered the said applications. According to them, as a matter of fact there was assignment of land by the 2nd respondent to some persons, but the applications of the petitioners were avoided by the 2nd respondent. Though there is no counter affidavit filed in this writ petition, the learned Government Pleader submits that if W.P.(C) No. 17885 of 2011 2 there is any ban or prohibition to assign the land in question and if there is a displacement of the petitioners from the respective land, the Government would not be able to comply with the request of the petitioner. According to us, if there was assignment of forest lands to similarly placed persons by the Government, they must enquire into the said complaint made by the petitioners and they must also look into the applications filed by the petitioners and consider their applications either favourably or negatively. They cannot keep mum and sit over the applications without any action. The petitioner's applications are waiting for an answer.
Therefore, we dispose of the writ petition directing the respondent-authority to consider and look into the representations or applications filed by the petitioners and dispose of the same in strict compliance with the statute or procedure in that regard. If such representations or applications are not available, we direct the petitioners to submit fresh application within two weeks from the date of W.P.(C) No. 17885 of 2011 3 receipt of a copy of this judgment and the respondent authorities shall dispose of the said applications as directed above within eight weeks from the date of receipt of the application.
MANJULA CHELLUR (ACTING CHIEF JUSTICE) A.M.SHAFFIQUE, (JUDGE) rka