AJI JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed under Article 226 of the Constitution of India by the petitioners who are occupying properties by the side of Panniyar river at Pooppara in Idukki District. W.P.(C)No.17702 of 2024 is filed by the petitioner therein seeking a writ of mandamus commanding the 5th respondent to decide on the regularisation and occupation of 5 cents of property in survey No.23/1 of Pooppara Village under the Kerala Land Assignment (Regularisation of Occupation of Forest Lands prior to 1/1/1977) Special Rules 1993, within a time limit fixed by this Court and a writ of mandamus commanding respondents 2 to 4 not to evict the petitioner from the aforesaid 5 cents of property before deciding the entitlement of the petitioner for regularization of occupation/assignment by the 5th respondent. W.P.(C)No.20022 of 2024 is filed by the petitioners therein seeking a writ of mandamus commanding the respondents not to evict them before deciding the scope of rehabilitation of affected persons of the eviction drive of the 1st respondent State of Kerala as ordered by this Court in Ext.P19 common order dtd. 14/2/2024 in W.P.(C) Nos.4224 and 5077 of 2024 and a writ of mandamus commanding respondents 2 to 4 not to evict the petitioners from the properties in their possession before finalisation of S.L.P. (Civil) No.17060 of 2024 before the Apex Court.

(2.) The petitioner in W.P.(C)No.17702 of 2024 pleaded that his father C.V Joseph purchased 7 cents of property in survey No.23/1 of Pooppara Village prior to 1977 from one P.V Pappachan. His father had constructed a building bearing No.472/III of Santhanpara Panchayat and it was renovated from time to time. Tea Shops, stationery shops and even toddy shops were running in the building with the licence issued by the Panchayat. Even prior to 1977 the petitioner and his family possessed the land and the building. The petitioner has applied for assignment and regularisation of possession of 5 cents out of these 7 cents. On 20/10/2023 the Secretary of Santhanpara Panchayat issued Ext.P5 memo to the petitioner directing to demolish the unauthorized construction allegedly made in the building. The Tribunal for Local Self Government Institution, Thiruvananthapuram passed Ext.P6 order dtd. 2/11/2023 restraining the Panchayath from taking any action on the basis of Ext.P5 memo and directed the Panchayat to take fresh proceedings after identifying the property of the petitioner and demarcating the alleged encroachment over the puramboke land. One Thaskand and Baiju who made constructions in river puramboke in survey No.23/1 of Pooppara village were ordered to be evicted by the 2nd respondent and the said order was challenged by them before this Court by filing W.P.(C)No. 37424 of 2023. In that writ petition, the learned Government Pleader submitted that 56 encroachers of river Purmaboke were identified by the Government. Accordingly, by Ext.P7 interim order dtd. 21/11/2023 this Court directed the Revenue officials to remove the identified 56 encroachers in a time-bound manner. Subsequently, by Ext.P8 final judgment dtd. 17/1/2024 in that writ petition this Court directed removal of the encroachers in a time-bound manner. On the basis of Ext.P7 order, the 4th respondent issued Ext.P9 order dtd. 16/12/2023 directing eviction of 42 persons including the petitioner. The petitioner was issued with Ext.P10 notice dtd. 16/12/2023 by the 4th respondent under Sec. 13A of the Kerala Land Conservancy Rules. On 7/2/2024 without prior information, the respondents came with Police assistance and took possession of a portion of the building of the petitioner and permitted him to occupy the portion where the employees are residing. Against Exts.P9 and P10, the petitioner preferred Ext.P13 revision petition dtd. 3/2/2024 before the 2nd respondent District Collector, Idukki. The petitioner challenged the eviction proceedings also before this Court by filing W.P.(C)No.5077 of 2024. Some other evictees also filed W.P.(C)No.4224 of 2024 before this Court. By Ext.P14 common order dtd. 14/2/2024 both the writ petitions were disposed of by this Court directing the 2nd respondent District Collector and Santhanpara Grama Panchayat to consider the scope of rehabilitation of the evictees. Only a portion of the building is situated in the river puramboke and the remaining portion of the building is situated in Government puramboke property suitable for assignment /regularisation of occupation as per Special Rules 1993. The name of the petitioner is included in the list of persons eligible for assignment of property under Special Rules 1993. If respondents 2 to 4 succeed in evicting the petitioner from the remaining portion of the building before deciding his eligibility for assignment of land, irreparable injury and great hardship will be caused to him. Hence he filed the writ petition.

(3.) According to the petitioners in W.P.(C)No.20022 of 2024 they have been in occupation of portions of vast puramboke property available by the side of Panniyar River for more than 40 years. They have put up houses on that property. The 2nd respondent District Collector ordered eviction of one Thaskand and Baiju who made constructions in the river puramboke in survey No.23/1 of Pooppara Village. The said order was challenged by those persons before this Court in W.P.(C)No. 37424 of 2023. The said writ petition was finally disposed of by Ext.P15 judgment dtd. 17/1/2024 which is mentioned as Ext.P8 in W.P.(C)No. 17702 of 2024. On the basis of Ext.P14 order, the 4th respondent Tahsidlar, Udumbanchola issued Ext.P16 order dtd. 16/12/2023 directing eviction of 42 persons including the petitioners. On 7/2/2024 the respondents came to the building of the petitioners with Police assistance and took possession of a portion of the buildings and permitted them to occupy the residential buildings, by preparing Exts.P17 and P18 mahazars dtd. 7/2/2024. The petitioners further pleaded that as per Ext.P19 common order dtd. 14/2/2024 of this Court in W.P.(C) Nos. 4224 of 2024 and 5077 of 2024 the 2nd respondent was directed to consider the scope of rehabilitation of affected persons. In that order, it was further directed that any obstructive construction hindering the free flow of water in the river shall be removed and no action shall be initiated against other buildings without intimating this Court. It is also pleaded by the petitioners that some evictees approached the Hon'ble Supreme Court by filing S.L.P. (Civil) No.17060 of 2024 challenging Ext.P15 judgment of this Court wherein by Ext.P20 order dtd. 30/4/2024 the Hon'ble Apex Court ordered status quo with respect to persons who approached the Apex Court. The petitioners are also entitled for similar treatment as the Apex Court has already seized with the matter and similarly situated persons were granted interim order against further proceedings.