RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a public interest litigation filed by the petitioners alleging that, on account of the failure on the part of the State and its officials, namely respondents 1 to 6, to recover the amounts legally due from the 7th respondent, for the alleged illegal quarrying carried out by the 7th respondent, in an extent of 5.47 acres of Government poramboke land in old survey No. 131E/1A/pt (new survey No. 240) of Puthucode Village, has caused substantial loss to the State.

(2.) The 1st petitioner claims that he is a public spirited person interested in ensuring Rule of Law in the country. The 2 nd petitioner states that he lives adjacent to the property on which the quarrying activities were carried out and he is keen on championing the cause of the environment.

(3.) According to the petitioners, a total extent of 8.67 acres of land in the survey number specified above was declared as excess as per the provisions of the Kerala Land Reforms Act and accordingly it became vested with the Government. Out of the said property, 5.47 acres of land was rocky area which was not fit for cultivation or assignment. Therefore, it was not assigned to any person but was reserved for public purposes.