SUKUMARAN KANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner in WP(C) No.29279/2017 belongs to a Tribal community and the 2 nd petitioner is an Environmentalist. They have filed the writ petition seeking to notify Paruthippally Reserve Forest/Peppara Wildlife Sanctuary and adjoining areas for the purpose of Section 3 of the Forest Rights Act, 2006 and to command the respondents to implement Ext.P2 forthwith.

(2.) The petitioner in WP(C) No.9997/2018 is the Rector of Bonacaud Pilgrim Centre at Vithura where Bonacaud Kurishumala is situated. The petitioner seeks to direct respondents 1 to 5 to see that no obstruction is caused by respondents 6 and 7 or any other persons while re-installing the Holy Cross and while offering prayers in Amalolbhava Matha Latin Catholic Church in Bonacaud Tea Estate. A declaration is also sought to declare that the Bonacaud Pilgrim Centre has customary right to conduct religious rites at Bonacaud Kurishumala and right to install Holy Cross.

(3.) The petitioners in WP(C) No.29279/2017 state that the Bonacaud Forest Area is declared as "Peppara wildlife Sanctuary" by a notification dated 21.12.1983 under section 18 of the Wildlife Protection Act, 1972. The area falls as a Reserve Forest and was declared so during the period of Diwan of Travancore. From the year 2013?14 onwards, the 8th respondent who is a Vicar and few miscreants were trying to encroach into the Bonacaud Forest by constructing crosses at various locations in the forest land. They named 'Karichatti Motta' forest area as 'Kurishumala' for the last few years.