STATE OF KERALA Vs. ONE EARTH ONE LIFE

JUDGEMENT

(1.) Respondents 1 to 5 and additional respondents 27, 30 and 42 in W.P.(C)No.1801 of 2010, namely, the State and the official respondents, have filed this interlocutory application seeking an order to modify the interim order dtd. 10/1/2024 in this writ petition and to permit the State and the official respondents to issue patta to persons who are occupying the land before 1/8/1971.

(2.) A voluntary organisation by name 'One Earth One Life', Thrissur, registered under the provisions of the Travancore-Cochin, Literary, Scientific and Charitable Societies Registration Act, 1955, filed W.P.(C)No.1801 of 2010 before this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 5 (applicants 1 to 5 herein) to take immediate and effective steps to all the persons who encroached into the Government lands, in accordance with law; a writ of mandamus commanding the 1st respondent State to declare a moratorium on land deals in Devikulam, Udumbanchola and Peerumedu Taluks in Idukki district and pass an order to stay on all constructions sanctioned at Chinnakanal, Pallivasal, Devikulam, Udumbanchola and Peerumedu Taluks in Idukki district, until an inquiry was held into the genuineness of the title deeds; and a writ of mandamus commanding the 1st respondent State to constitute a Special Investigation Team comprising of officers of proven integrity to investigate into the fabrication of title deeds as mentioned in Ext.P1 report dtd. 1/4/2004 of the Additional Director General of Police (Intelligence), addressed to the 4th respondent District Collector, Idukki, on encroachment of revenue/forest land and issuance of forged pattas in Idukki district.

(3.) A connected writ petition, i.e., W.P.(C)No.34095 of 2007, is one filed by Paristhithi Samrakshana Samiti, another voluntary organisation registered under the Travancore-Cochin, Literary, Scientific and Charitable Societies Registration Act, seeking a writ of mandamus commanding the 1st respondent State and the 2nd respondent District Collector, Idukki, to evict respondents 3 to 75 and all the persons who encroached into Government lands, as stated in Exts.P1 report submitted by the Additional Chief Secretary to Government, Ext.P2 report dtd. 1/4/2004 of the Additional Director General of Police (Intelligence), Ext.P3 report submitted by the Expert Committee on 1/9/2006 before the 2nd respondent District Collector and Ext.P4 report submitted by the Principal Secretary to Government, Revenue Department, on the encroachment and illegal constructions in Munnar, Chinnakanal, Pallivasal and other areas of Idukki district, in accordance with law; a writ of mandamus commanding the 1st respondent State to cancel all bogus pattas, bogus possession certificates and tax receipts, which are unearthed as per Ext.P3 report; issue a writ of mandamus commanding the 1st respondent State to terminate the service of officers whose names are mentioned in Ext.P1 report and to recover the loss caused to the State from the erring officers; and a writ of mandamus commanding the 1st respondent State to take immediate action based on the recommendation contained in Exts.P3 and P4 reports.