M/S.Harrisons Malayalam Ltd vs State Of Kerala on 18 May, 2010
31. Here, in the facts of these cases, we must observe that
for whatever reasons it is, tribals and the petitioners would say
that non-tribals also have trespassed on the private lands, and for
which cases have been charged. If the rule of law is to prevail,
such misadventures, however, noble the cause might be, should
not be tolerated by the State and its instrumentalities. There can
be no doubt that display of any laxity or helplessness by the
Authorities will only usher in more such and perhaps worse
incidents of rank-lawlessness. We must also note a point of
distinction between the facts of these cases and the facts of the
case reported in M/s. Harrisons Malayalam Ltd. v. State of
Kerala (2007 (4) KLT 540). Therein, there were thousands of
persons who had encroached upon the land in question, whereas
WPC.34707/09 & CNN. CASES 57
in the facts of these cases, the number of encroachers is far
fewer.