Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944 PETITIONER: GOPAKUMAR T. AGED 52 YEARS LATE THYGARAJAN NAIR, THYGARAJA BHAVAN, WARD NO.V, HOUSE NO.5, KULATHUPUZHA GRAMA PANCHAYATH, ROSEMALA P. O., THENMALA, KULATHUPUZHA VILLAGE, PUNALUR TALUK, KOLLAM - 691 309. BY ADV B.MOHANLAL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE CHIEF CONSERVATOR OF FORESTS FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT OF KERALA, VAZHUTHACAUD P. O., THIRUVANANTHAPURAM - 695 014. 3 THE WILD LIFE WARDEN SHENDURUNNY WILDLIFE DIVISION, THENMALA P. O., KOLLAM - 691 013. 4 THE TAHASILDAR (LAND RECORDS) TALUK OFFICE, PUNALUR P. O., KOLLAM - 691 505. 5 THE VILLAGE OFFICER KULATHUPUZHA VILLAGE, KULATHUPUZHA P.O., KOLLAM - 691 310. 6 THE KULATHUPUZHA GRAMA PANCHAYATH KULATHUPUZHA P.O., KOLLAM - 691 310, REPRESENTED BY ITS SECRETARY.
BY ADVS. ADVOCATE GENERAL OFFICE KERALA SHRI.MANOJ RAMASWAMY, SC, KULATHUPUZHA GRAMA PANCHAYAT SHRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No.158 of 2022 -------------------------------- Dated this the 25th day of March, 2022
JUDGMENT
The above writ petition is filed with the following prayers: “(i) To call for the records leading to Ext.P15 from the 5th Respondent and issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P15 order declining to include the name of the Petitioner's children in the Family Membership Certificate as illegal.
(ii) To issue a writ of mandamus or any other
appropriate writ, order or direction commanding the 5 th Respondent to issue Family Membership Certificate to the Petitioner including his daughter Smt.Ayana S. and his son Akash G. as per Ext.P11 and P12 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life within a stipulated time as directed by this Hon'ble Court;
(iii) To declare that the Petitioner is entitled to
get Family Membership Certificate including his daughter Smt.Ayana S. and his son Akash G. as per Ext.P11 and P12 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life.
(iv) To issue a writ of mandamus or any other
appropriate writ, order or direction commanding the 6 th Respondent to issue Residence Certificate to the Petitioner including his daughter Smt.Ayana S. and his son Akash G. as per Ext.P11 and P12 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life.
(v) To declare that the Petitioner is entitled to
get Residents Certificate including his daughter Smt. Ayana S. and his son Akash G. as per Ext.P11 and P12 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life.
(vi) To a writ of mandamus or any other
appropriate writ, order or direction commanding the 3 rd Respondent to accept the Family Membership Certificate and Residents Certificate of the Petitioner immediately after receipt of the Certificates from the Respondents 5 and 6.
(vii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”[SIC]
2. This writ petition is filed challenging Ext.P15
order passed by the 5th respondent. When this writ
petition came up for consideration, the counsel for the petitioner takes me through paragraph 7 of the statement filed by the 3rd respondent as directed by this Court. It will be better to extract paragraph 7 of the statement:
“7. It is submitted that the approved guideline for the relocation project envisages compensation to families who are permanent residents of the settlement. Major son/ daughter (over 18 years) also will be considered as separate family (eligible family) if they live together with parents in the settlement. In the instant case the daughter of the petitioner is employed and residing at Banglore and his son is living along with his grandparents at Kulathupuzha. The State Level Empowered Committee of the project chaired by the Chief Secretary, Kerala on 03.12.2021 deliberated to consider those applicants who may not be temporarily residing in the settlements due to reasons such as education, hospital issues etc., but have valid documents such as ration card, aadhar card, etc. in the settlement proving that he/she has been residing in the settlement, to be considered in the resident category. True copy of the minutes of the meeting of the State Level Empowered Committee held on 3.12.2021 is produced herewith and marked as Annexure R3(b)”
3. The counsel also takes me though Ext.R3(b)
minutes based on which such a decision is taken. In the light of Ext.R3(b), the finding in Ext.P15 will not stand. The petitioner submitted that he will produce Ext.P6 ration card and Ext.P7 Adhaar Card. In the light of Ext.R3(b), Ext.P15 can be quashed and there can be a direction to the 5th respondent to reconsider the matter. Therefore, this writ petition is allowed in the following manner: i. Ext.P15 is set aside. ii. The 5th respondent is directed to reconsider the matter in the light of Ext.R3(b), after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. iii. Based on the orders passed by the 5 th respondent, the 6th respondent will pass consequential orders. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 158/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2021-2022 DATED 13.10.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE POSSESSION
CERTIFICATE NO.60736010 DATED 22.10.2021 IN RESPECT OF THE PROPERTY ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE AADHAR CARD NO.5672 7905 4178 OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE NO.KP3-3/2005(B) DATED 31.05.2005 OF THE PETITIONER'S DAUGHTER AYANA S. ISSUED BY THE REGISTRAR OF BIRTHS AND DEATH, KULATHUPUZHA GRAMA PANCHAYATH.
EXHIBIT P5 TRUE COPY OF THE BIRTH CERTIFICATE NO.KP3-3/2005 DATED 31.05.2005 OF THE PETITIONER'S SON AKASH G. ISSUED BY THE REGISTRAR OF BIRTHS AND DEATH, KULATHUPUZHA GRAMA PANCHAYATH. EXHIBIT P6 TRUE COPY OF THE RATION CARD NO.1272007567 DATED 15.03.2017 ISSUED BY THE TALUK SUPPLY OFFICER, PUNALUR TO THE PETITIONER AND HIS FAMILY.
EXHIBIT P7 TRUE COPY OF THE AADHAR CARD NO.304561370593 OF THE ELDER DAUGHTER OF THE PETITIONER SMT. AYANA S. EXHIBIT P8 TRUE COPY OF THE AADHAR CARD NO.438919163365 OF THE YOUNGER SON SRI AKASH G. OF THE PETITIONER SHRI AKASH S. EXHIBIT P9 TRUE COPY OF THE APPOINTMENT LETTER DATED 23.07.2021 ISSUED BY INDIGO TO THE ELDER DAUGHTER OF THE PETITIONER SMT. AYANA S. EXHIBIT P10 TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE KERALA UNIVERSITY TO THE YOUNGER SON OF THE PETITIONER SRI AKASH G. EXHIBIT P11 TRUE COPY OF THE ORDER G.O.(RT) NO.483/2018/P&EA DATED 14.11.2019 ISSUED BY THE GOVERNMENT. EXHIBIT P12 TRUE COPY OF THE ORDER NO.B8-534/21 DATED 29.11.2021 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT P13 TRUE COPY OF THE AFFIDAVIT DATED 08.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P14 TRUE COPY OF THE RECEIPT NO.8602 DATED 13.10.2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. EXHIBIT P15 TRUE COPY OF THE ORDER NO.271/21 DATED 23.12.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. RESPONDENTS EXHIBITS: EXHIBIT R3(A) TRUE COPY OF THE GUIDELINES FOR THE
VOLUNTARY RELOCATION OF WILLING ELIGIBLE FAMILIES FROM THE NON-TRIBAL PRIVATE SETTLEMENTS FROM INSIDE THE FORESTS. EXHIBIT R3(B) TRUE COPY OF THE MINUTES OF THE MEETING OF THE STATE LEVEL EMPOWERED COMMITTEE HELD ON 03.12.2021. //TRUE COPY// PA TO JUDGE