Kerala High Court
Lakshmi vs Nature Lover'S Movement on 4 September, 2015
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2017/17TH KARTHIKA, 1939
RP.No. 27 of 2017 (S) IN OP.18467/2002
----------------------------------------
AGAINST THE ORDER/JUDGMENT IN OP 18467/2002 of HIGH COURT OF KERALA
DATED 04-09-2015
PETITIONERS/3RD PARTIES:
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1. LAKSHMI, W/O JANARDHANAN,
CHARUVILA PUTHENVEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
2. SOMAN, S/O.JANARDHANAN,
CHARUVIL PUTHENVEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
3. ASOKAN, S/O NEELAMBARAN,
CHARUVILA PUTHENVEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
4. BHASI @BHASIDHARAN, S/O.NEELAMBARAN,
NELLIVILA VEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
5. SANTHAKUMARY, W/O K.P.SUKUMARAN NAIR,
KIZHAKKEKAITHARA VEEDU,
EDAVA PO, VENKULAM MURI,
EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT.
6. THAMBI, S/O.THANKAKANNU RAWTHER,
PALLIPADINJATTATHIL,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
7. HANEEFA RAWTHER @ MUHAMMED HANEEFA,
S/O MUSTHAFA CHINNAMEERAN RAWTHER,
NEDIYAKALAVEEDU (VEDUMURIPPU),
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
8. ABDUL SALAM, S/O MEERANSAHIB RAWTHER,
MAMOOTTIL VEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
RP NO.27/2017 -2-
9. SASI, S/O NANU,
UTHIMOOTTIL VEEDU (CHANDRALAL BHAVAN),
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
10. DINESAN, S/O.JANARDANAN,
SFCK, CHERIPPITTACAVU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
11. SIVANANDAN, S/O.JOSEPH NADAR,
SFCK QUARTERS, CHERIPPITTACAVU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
12. SANTHAMMA, W/O.RAJENDRAN,
PULINILKUMKALAYIL,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
13. RAJESHKUMAR, S/O.RAJENDRAN,
PULINILKUMKALAYIL,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
14. PRASANTH, S/O.RAJENDRAN,
PULINILKUMKALAYIL,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
15. VASANTHAKUMARY, W/O.LATE SADASIVAN NAIR,
MINIBHAVAN,CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
16. SAIJU, S/O LATE SADASIVAN NAIR,
MINIBHAVAN, CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
17. VASUMATHY, W/O LAE KRISHNANKUTTY,
UTHIMOOTTIL VEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
18. RAJEEV, S/O.KRISHNANKUTTY,
UTHIMOOTTIL VEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
19. PRAKASH, S/O.KRISHNANKUTTY,
UTHIMOOTTIL VEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
20. JOHNSON, S/O.YOHANNAN,
ETTIVILA VEEDU, CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
21. NAZAR, S/O.UMMER,
ASUMANZIL MANANAKKU,
PERUMKULAM PO, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
RP NO.27/2017 -2-
22. THANKAMMAL, W/O.MUHAMMED RAWTHER,
PARAVILA VEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
23. M.G.SKARIAH, S/O.GEORGE THOMAS,
PARAYILVEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
24. DIVAKARAN, S/O.NEELAKANDAN,
MODIYILVEEDU,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
25. SOMATHEVAR, S/O.VELUSWAMI,
SHIJUBHAVAN, CHEMBANARUVI,
PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
26. RADHA, W/O.SOMATHEVAR,
SHIJUBHAVAN,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
27. SHIJU, S/O.SOMATHEVAR,
SHIJUBHAVAN,
CHEMBANARUVI, PIRAVANTHOOR VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADV. SRI.ANCHAL C.VIJAYAN
RESPONDENT(S)/PETITIONER & RESPONDENTS IN THE OP:
------------------------------------------------
1. NATURE LOVER'S MOVEMENT,
THIRUVANKULAM (REG.NO.ER/459/93),
REPRESENTED BY THE PRESIDENT, M.K.SUBRAMANIAN,
S/O.KRISHNAN, MAMALA PO, THIRUVANKULAM,
ERNAKULAM DISTRICT PIN 682305.
2. THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF ENVIRONMENT AND FORESTS,
PARYAVARAN BHAVAN, LODI ESTATE,
NEW DELHI 110003.
3. THE STATE OF KERALA, REPRESENTED BY ITS
CHIEF SECRETARY, THIRUVANANTHAPURAM 695001.
4. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FORESTS AND WILD LIFE,
THIRUVANANTHAPURAM 695014.
5. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM 695013.
6. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
FOREST HEAD QUARTER, VAZHUTHAKKAD,
THIRUVANANTHAPURAM 695014.
RP NO.27/2017 -2-
7. THE CENTRAL BUREAU OF INVESTIGATION,
NEW DELHI, REPRESENTED BY ITS
DIRECTOR 110003.
R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R6 BY ADV. SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
R1 BY SMT.DAISY A.PHILIPOSE
BY SRI.NAGARAJ NARAYANAN, SPL. G.P. FOR FOREST
BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03-11-
2017, THE COURT ON 8/11/2017 PASSED THE FOLLOWING:
RP NO.27/2017
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE A: TRUE COPY OF GO(MS) NO.655/89/RD DATED
31.8.1989.
ANNEXURE B: TRUE COPY OF GO(MS) NO.172/92/RD DATED
3.3.1992.
ANNEXURE C: TRUE COPY OF THE KERALA LAND ASSIGNMENT
(REGULARISATION OF OCCUPATIONS OF FOREST LANDS PRIOR TO
1.1.1977) SPECIAL RULES, 1993.
ANNEXURE D: TRUE COPY OF THE PATTA NO.368/66/PVR DATED
20.4.1964 ISSUED TO THE 1ST PETITIONER AND OTHERS.
ANNEXURE E: TRUE COPY OF THE ORDER OF ASSIGNMENT OF
LAND IN SURVEY NO.872/1 OF PIRAVANTHOOR VILLAGE IN FAVOUR
OF ISMAIL CHINNAPODILABBA NO.LAC 323/66/PVR DATED
10.2.1966 AND THE COPY OF THE CHELLAN DATED 29.4.1966.
ANNEXURE F: TRUE COPY OF THE PATTA ISSUED TO THE 1ST
PETITIONER VIDE LAC NO.2043/79 IN RESPECT OF PROPERTY IN
SURVEY NO.872/1 OF PIRAVANTHOOR VILLAGE.
ANNEXURE G:TRUE COPY OF THE PATTA IN LAC NO.2045/79
ISSUED IN FAVOUR OF NARAYANI NALINI, MOTHER OF 2ND
PETITIONER IN RESPECT OF PROPERTY IN SURVEY NO.872/1 OF
PIRAVANTHOOR VILLAGE.
ANNEXURE H: TRUE COPY OF THE JOINT VERIFICATION REPORT
CONDUCTED AS PER ANNEXURE A AND B IN RESPECT OF
PROPERTIES LYING ALONG WITH CHEMBANARUVI FARM IN
PIRAVANTHOOR VILLAGE ALONG WITH ITS ENGLISH TRANSLATION.
ANNEXURE I: TRUE COPY OF THE RELEVANT PAGES OF THE
REGISTER ALONG WITH ITS ENGLISH TRANSLATION ISSUED BY THE
VILLAGE OFFICER, PIRAVANTHOOR AS PER THE RIGHT TO
INFORMATION ACT TO THE 4TH PETITIONER.
ANNEXURE J: TRUE COPY OF THE INFORMATION ALONG WITH ITS
ENGLISH TRANSLATION ISSUED BY THE ADDITIONAL
TAHASILDAR,PATHANAPURAM AS PER THE RIGHT TO INFORMATION
ACT.
RP NO.27/2017
ANNEXURE K: TRUE COPY OF THE NOTICE ISSUED TO NALINI
(DIED) SERIAL NO.1 IN ANNEXURE H- REPORT ALONG WITH ITS
ENGLISH TRANSLATION.
ANNEXURE L: TRUE COPY OF THE NOTICE ISSUED TO
PETITIONERS 1 AND 3 WHO ARE SERIAL NOS.2 AND 3 IN
ANNEXURE H REPORT ALONG WITH ITS ENGLISH TRANSLATION.
ANNEXURE M: TRUE COPY OF THE NOTICE ISSUED TO THE 4TH
PETITIONER WHO IS IN SERIAL NO.4 IN ANNEXURE H REPORT
ALONG WITH ITS ENGLISH TRANSLATION.
ANNEXURE N: TRUE COPY OF THE NOTICE ISSUED TO GEORGE,
SERIAL NO.6 IN ANNEXURE H REPORT ALONG WITH ITS ENGLISH
TRANSLATION.
ANNEXURE O: TRUE COPY OF THE NOTICE ISSUED TO THE 6TH
PETITIONER, SERIAL NO.14 IN ANNEXURE H REPORT ALONG WITH
ITS ENGLISH TRANSLATION.
ANNEXURE P: TRUE COPY OF THE NOTICE ISSUED TO 7TH
PETITIONER WHO IS SERIAL NO.16 IN ANNEXURE H REPORT ALONG
WITH ITS ENGLISH TRANSLATION.
ANNEXURE Q: TRUE COPY OF THE NOTICE ISSUED PETITIONER
NO.22 WHO IS SERIAL NO.11 IN ANNEXURE H-REPORT ALONG WITH
ITS ENGLISH TRANSLATION.
ANNEXURE R: TRUE COPY OF THE REPLY SUBMITTED BY THE
REVIEW PETITIONERS TO THE NOTICES ISSUED BY THE RANGE
FOREST OFFICER, MANNARAPARA.
//True Copy//
PS to Judge
Rp
A.M. SHAFFIQUE & P.SOMARAJAN, JJ.
==========================
R.P.No.27 of 2017
in
OP No.18467 of 2002
====================
Dated this, the 8th day of November, 2017
O R D E R
Shaffique, J.
This review petition is filed by third parties after seeking leave of this Court.
2. By judgment in OP No. 18467/2002, this Court disposed of two original petitions by a common judgment dated 4/9/2015 in the following manner:-
"12. In the result, we are of the view that the Original Petitions can be disposed of as follows:
Government shall take necessary steps to initiate proceedings under the Kerala Land Conservancy Act, 1957 along with the Kerala Forest Act, 1961 to remove the encroachments from the forest land after issuing statutory notice to the encroachers and passing appropriate orders in accordance with the procedure prescribed. This process shall be initiated within a period of six months from the date of receipt of a copy of this R.P.No.27 of 2017 in OP No.18467 of 2002 -:2:- judgment and shall be completed within a further period of six months."
3. The subject matter involved in the original petitions were in regard to removal of new encroachments in forest areas after 1/1/1977. During the pendency of the above original petitions itself, by interim order dated 10/8/2011, State was called upon to file an affidavit stating the efforts taken by them to identify the encroachers of the forest land which was the subject matter in issue and the legal action taken to evict them. The Government filed an affidavit dated 23/9/2011 giving particulars regarding encroachments prior to 1/1/1977. It was further mentioned that after 1/1/1977, an extent of 11917.8952 hectares of forest land had been encroached and encroachers were evicted from 4628.5555 hectares. However, encroachments in respect of 7289.337 hectares of land could not be evicted. A list was also produced containing the details of encroachments and the names of the persons with full particulars. Further directions were also issued by this Court with a view to remove the encroachments that had occurred prior to 1/1/1977. The case of the Government was that they had to remove the encroachments in more than R.P.No.27 of 2017 in OP No.18467 of 2002 -:3:- 7000 acres and it is in the light of the said factual scenario that the directions had been issued.
4. Petitioners in the review petition claimed that they were in occupation of forest lands prior to 1/1/1977 and therefore under the guise of the judgment referred above, they should not be evicted. It is contended that a meeting was held between the revenue and forest department and ultimately Government issued Annexure A order dated 31/8/1989 for a joint verification of the occupied forest areas at the instance of officers of the revenue and forest. By Annexure B dated 3/3/1992, a clarification also had been issued in that regard stipulating the evidence to be considered for establishing occupation prior to 1/1/1977. In the meantime, the Special Rules of 1993, viz., the Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 1/1/1977) came to be challenged before this Court and the validity of the said rules had been upheld as per judgment dated 7/10/1999. The said judgment was upheld by the Apex Court in Nature Lovers Movement v. State of Kerala [(2009) 5 SCC 373].
5. Petitioners further contend that they are in possession R.P.No.27 of 2017 in OP No.18467 of 2002 -:4:- of various extents of land and certain pattas have also been issued in their favour by the revenue department, few of which have been produced before this Court. Reference is also made to a joint verification report conducted in terms of Government Orders dated 31/8/1989 and 3/3/1992, which is produced as Annexure H. It is contended that the Village Officer accepted the fair value fixed for assigning the land and thereafter no action had been taken in the matter. It is therefore contended that despite preparation of Annexure H, which proves beyond doubt that the petitioners are in occupation of lands prior to 1/1/1977, attempts are being made to evict them.
6. Statement has been filed by the 6th respondent wherein it is stated that Annexure H is not a document which is available in the office of the 3rd respondent. It is contended that the documents are concocted and are produced for the case. The review petitioners have not given the source of the said document. In terms of Government Orders of 1989 and 1992, joint verification report is to be prepared by the Forest Range Officer and Deputy Tahsildar which has to be signed by the Tahsildar and authenticated by the Revenue Divisional Officer. R.P.No.27 of 2017 in OP No.18467 of 2002 -:5:- However, Annexure H is alleged to be a report filed by the Forester and Village Assistant and the date is shown as 4/2/1978.
7. Reply affidavit had been filed by the review petitioners controverting the aforesaid act of the respondent.
8. The question to be considered is whether the judgment calls for any review at all. Even according to the review petitioners, persons who were in possession of land after 1/1/1977 is not entitled for assignment of any forest land. As per the 1993 Rules, a list of encroachment has to be prepared based on joint verification in regard to persons who were holding land prior to 1/1/1977 and the assignments could be effected only after getting permission of the Central Government under the Forest (Conservation) Act, 1980.
9. Taking into account the aforesaid factual situation, if the Government is of the view that the petitioners are not entitled for assignment, definitely, they cannot claim any benefit of the 1993 Rules or the Government Orders issued in that regard. This apparently is a question of fact which cannot be decided by this Court. The judgment under review only takes care of a situation where directions had been issued approving the stand of the R.P.No.27 of 2017 in OP No.18467 of 2002 -:6:- Government especially in regard to large scale encroachments in forest lands.
In the above circumstances we do not think that any grounds have been made out to review the judgment. Review petition itself is an abuse of process and hence the same is dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE Sd/-
P.SOMARAJAN, JUDGE Rp //True Copy// PS to Judge