IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16309 of 2007(S)
1. THOMASKUTTY, S/O ABRAHAM, AGED 34 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DIVISIONA FOREST OFFICER, NILAMBUR.
3. DISTRICT COLLECTOR, MALAPPURAM.
For Petitioner :SMT.DAISY A.PHILIPOSE
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :15/06/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.P.(C) No.16309 of 2007
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Dated, this the 15th day of June, 2009
JUDGMENT
S.R.Bannurmath, C.J.
This public interest litigation is filed seeking eviction of
the encroachers from the Government vested forest lands at
Perakamana, Edavanna and Oomgattiry villages in Manjery Taluk
totally measuring around 878.25 hectors and also to assign the
lands to the landless people. In pursuance of the notice issued,
the respondents – State, represented by the Additional Advocate
General, have filed counter affidavit explaining the present
position as well as the problems. It is stated that Government has
taken strong measures to evict all encroachers from Government
land and that steps are being taken to prevent further encroachment
and in this regard as Revenue Department and Survey Department
have launched joint physical verification by measurement and
survey in consultation with the Forest Department to find out the
W.P.(C) No.16309 of 2007
– 2 –
other encroachers apart from the one which have already been
identified and it would require about six months time to complete
the survey and take effective measures.
2. Considering the extent of work required to be done
in collaboration with the three departments, we deem it proper to
grant six months time to the Government and the concerned
departments to complete the survey and to fix the boundaries of the
encroached portions by unauthorised occupants and to take steps to
evict encroachers, if any. Ordered accordingly.
Writ petition is disposed of as above.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns/vku