NANJI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioners say that they are tribal women, belonging to the Irula Community and are holding ownership and possession of certain extents of land, protected by the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2012. They point out that these properties are part of the 'conserved forest area', which can be inhabited only by the tribal people; but that respondents 4 to 6 are attempting to trespass and take custody of the same; for which, they have been asked to surrender it to them, or, in the alternative, face dire consequences.

(2.) The petitioners explain that they, therefore, had no other option, but to approach the Hon'ble Chief Minister of Kerala for help; as also the 3rd respondent - Station House Officer, for police protection; but that no action has been taken thereon and hence that they have been constrained to approach this Court through this Writ Petition.

(3.) In response to the afore submissions of Sri.Aneesh K.R. - learned counsel for the petitioners, the learned counsel appearing for respondents 4 and 5 - Sri.Ravi.K (Pariyarath), submitted that the allegations above made against his clients are wholly untrue and without any basis. He submitted that his clients are in full and unimpeached ownership of certain extents of land, on the strength of valid title documents; and that the attempt of the petitioners is to intrude into the same and assert possession and rights which they do not have in any manner whatsoever. He, however, added that his clients have not, and will not, cause any threat or intimidation to the petitioner, or commit any action which is in violation of law; and thus prayed that this Writ Petition be dismissed.