KUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are traditional forest dwellers at Warriam near Pooyamkutty, have approached this Court seeking a direction to allot forest land to Warriam settlers at Kandanpara for their settlement and also for a direction to respondents 1 to 4 to take immediate steps for allotting alternate land for Warriam Adivasy Colony settlers on the basis of Ext.P7, considering the fact that they have already surrendered 600 acres of forest land to the Government.

(2.) The petitioners allege that they belong to the traditional forest dwellers at Warriam settlement and their ancestors were living in Warriam settlement area since 300 years. The forest department, in the year 1984, surveyed and demarcated the settlement area and erected juntas. Formerly, the settlers lived in the forest by collecting honey, bamboo and other wild items from there. However, after the allotment of land by the Government the settlers moved to agricultural operations by cultivating crops like cardamom, pepper wines, coconut trees and other seasonal improvements. They further allege that Pooyamkutty is a dense reserved forest and as per present census of the forest department, majority of elephants are in the said forest area. Due to the attack of wild animals the cultivations in the settlement area are destroyed and there are no schools, hospitals or any other infrastructural facilities to live in; it is alleged.

(3.) It is further alleged that as per Ext.P2, the Government admitted that since developmental activities are not going on in the area, they have decided to allot another property to the settlers. On the basis of Ext.P2 and also at the request of the Government, the petitioners' settlement colony have decided to surrender their property to the Government on the promise made by the authorities. About 600 acres of land was surrendered by the Warriam settlers to the Government and the Government informed the settlers that they would take immediate steps to rehabilitate them near Pooyamkutty at Kandanpara.