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Trivandrum by which he was informed of the policy decisions taken in the discussion held by the Chief Minister on 26-6-1977 on the problems relating to forest encroachment. In that meeting it was, inter alia, decided not to allow new encroachments and all new encroachments after 1-1-1977 would be evicted. It was also decided that as regards the encroachments prior to 1-1-1977 policy decision would be taken later. On the basis of Ext. P-l, Government issued Ext. P-2 order directing that stern action should be taken to evict the encroachers occupied after 1-1-1977. By Ext P-3 Government letter dated 2-9-1998 Government directed to evict large encroachments and encroachments by raising plantations in the interest of forest reservation. Even thereafter no effective steps were taken in that regard and therefore the members of a voluntary organization at Munnar filed O.P. No. 1696 of 1994 for Issuing necessary directions to respondents 1 and 3 and subordinate officials. In that writ petition this Court directed the Revenue Secretary to file an affidavit on points required to be clarified before this Court as per Ext. P-4 order dated 17-3-1997. Encroachments even thereafter continued. Later the said writ petition was referred to a Division Bench as per Ext. P-5 order of reference. That writ petition was ultimately disposed of by the Division Bench consisting of Chief Justice V.S. Maltmath and Justice T.L. Viswanatha lyer as per Ext. P-6 judgment dated 30-4-1991. Subsequently the Central Government Issued Ext. P-7 letter dated 6-2-1992 to the Chief Secretaries of all States directing that no State Government or any other authorities shall make any order directing dereservation of any reserved forests or for using the forest land for non-forest purpose except with the prior approval of the Government of India. Even after the above orders and Judgments, provisions of the Forest Conservation Act, 1980 were flouted and there were encroachments on reserved forests. The newspapers flashed news item regarding Illegal encroachments on reserved forests and Exts. P-8 to P-11 copies of the paper reports evidence such unauthorised encroachments and such encroachers were promised by the authorities that lands would be assigned in their favour. Subsequently the first respondent announced a 'pattayamela', a function for giving away title deeds to encroachers on the forest lands owned and controlled by the Government and fifth respondent and Kerala State Electricity Board in Idukki district. If the proposed 'Pattayamela' was allowed to be materialised the environment and wild life would be seriously affected and it would create untold miseries and problems to the mankind. It was learnt that authorities had decided to give such 'pattayams' to the persons who encroached prior to 1-1-1977. This cut off date has no relevancy in view of the provisions of the Forest (Conservation) Act, 1980. No decision was taken by the Government with regard to the occupations of forest land prior to 1-1-1977. However, the attempt appears to be to accommodate the encroachers by giving away pattayams as settlers of forest area.

11. The petitioners in C.M.P. No. 32131 of 1999 in O.P. No. 14276 of 1993 who is a permanent resident of Upputhodu in Udumpanchola taluk of Idukki district filed the said petition on 29-7-1999 praying to implead him as additional 22nd respondent in the original petition. His case is that he is a social worker and an advocate by profession. He was a member of the Kerala Legislative Assembly from Thodupuzha during the year 1991-1992. He says that many of the settlers in Idukki district are holding government land holding as lease or encroached by them. The said land was improved-with several cash crops and all of them had erected homestead in the said land. Most of them have no other land and they are depending on the said land for their livelihood. A large number of persons who are eligible to get the land assigned in their name, were not given the assignment and hence they sought transfer of the lands on registry in their name. Since the land remained as government land, those persons were not able to avail of any bank loan for agriculture. The Government was compelled to recognise the issue of regularisation as a human problem and a legislative sub committee known as 'Maniyangadan Committee' appointed to study the problems and submit a report. On the basis of the recommendation of the Committee the Government of Kerala issued an order on 7-6-1968 (Annexure 1) accepting the recommendation with slight changes. One of the important recommendations was that any attempt to draw a distinction between the encroachers and lessees on the one hand and encroachers before and after a particular date i.e. 1-1-1960 will only lead to further confusion.
The learned judge further observed in para 30 thus:
There is no manner of doubt that this issue of environmental degradation cannot but be termed to be a social problem and considering the growing awareness and considering the impact of this problem on the society in regard thereto, in my view, Law Courts should also rise up to the occasion to deal with the situation as it demands in the present day context: Law Courts have a social duty since it is a part of the society and as such, must always function having due regard to the present day problems which the society faces. It is now a well-settled principle of law that socio-economic condition of the country cannot be ignored by a Court of law. It is now a well-settled principle of law that while dealing with the matter the social problems shall have to be dealt with in the way and in the manner it calls for, since benefit to the society ought to be the prime consideration pf the Law Courts and ecological imbalance being a social problem ought to be decided by a Court of law so that the society may thrive and prosper without any affection."
ference of Ministers and Officers. Thereafter implementation of eviction of unauthorised occupants from government lands was not taken up seriously. Thus the problem of evicting the encroachers from forest land was found to be an agonising problem and it became a social and human problem.
The successive governments in Kerala tried to deal with this social problem but failed.
On the initiative of some members of Parliament from Kerala, this question came up before the Consultative Committee on Kerala Legislation and discussions were held at the Second and Third Meetings of the Committee. The Third Meeting of the Committee held on 12-8-1965 took the following decision: