Kerala Karshaka Samrakshana Association represented by its Chairman, N.K. Sivarman v. Addl. Chief Secretary, Revenue (L) Department, Government Secretariat, Thiruvananthapuram; Addl. Chief Secretary, Forest and Wildlife, Government Secretariat, Thiruvananthapuram; The District Collector, Palakkad; The Teh District Collector, Thrissur

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY ,THE 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940** ## **WP(C).No. 23378 of 2018** ## **PETITIONER/S:** **KERALA KARSHAKA SAMRAKSHANA ASSOCIATION REPRESENTED BY ITS CHAIRMAN, N.K.SIVARAMAN,REG.NO.PKD/CA/262/2012, KAVASSERY P.O.,ALATHUR TALUK, PALAKKAD DISTRICT-678 543 BY ADV. SRI.P.BABU KUMAR** ## **RESPONDENT/S:** |**1**|**ADDL.CHIEF SECRETARY**| |---|---| ||**REVENUE (L) DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT,THIRUVANANTHAPURAM-695 001**| |**2**|**ADDL.CHIEF SECRETARY**| ||**FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT,**| ||**ANNEX II, THIRUVANANTHAPURAM-695 001**| |**3**|**THE DISTRICT COLLECTOR**| ||**CIVIL STATION,PALAKKAD-678 001**| |**4**|**TEH DISTRICT COLLECTOR**| ||**CIVIL STATION, AYYANTHOL P.O.,**| ||**THRISSUR-680003**| ||**BY GOVERNMENT PLEADER SRI. B VINITHA**| ## **OTHER PRESENT:** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 23378 of 2018 2** ## **JUDGMENT** ## This writ petition is filed seeking the following prayers:- _i) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 1[st] Respondent to take appropriate steps to issue extract of record of joint verification to the members of the petitioner Association mentioned in Ext.P6 through Respondents 3 and 4 within a time frame._ _ii) issue a declaration that the 3[rd] and 4[th] respondents are duty bound to implement obey the guideline in GO(MS) 172/92/RD, GO (MS) 278/92/RD, GO (MS) 655/89/RD & GO (Rt.) 3810/2007._ _iii) issue a direction to the 3[rd] and 4[th] respondents to take necessary steps to accept the land tax of the members of the petitioner Association who are found eligible as per the joint verification of revenue and forest authority._ ## 2. Heard learned counsel for the petitioner and the learned Special Government Pleader. 3.The learned counsel for the petitioner would submit that Ext.P2 Government Order has been issued as early as on 31.08.1989 stating that joint verification is to be conducted by the Forest and Revenue Departments in respect of lands that were under effective and continuous occupation from 1[st] January, 1977 and that the further steps in pursuance to the Government Order are liable to be taken in accordance with law. The petitioner, which is a registered association claims that the ## **WP(C).No. 23378 of 2018 3** members of the association are entitled to the benefit of the rules with regard to occupation of forest land prior to 01.01.1977. It is stated that the members of the petitioner association are granted with extract of record of joint verification and that, on the basis of the same they are entitled to continue in possession of the properties and to pay land tax and deal with the properties appropriately. 4. The learned Special Government Pleader raised a preliminary objection to the effect that the petitioner is an association and has no right to seek any of the prayers sought for in the writ petition. It is submitted that what is sought to be enforced is the right of the individual who are in possession of the forest land in terms of the Kerala Land Assignment (Regulation of Occupation of the Forest land prior to 01.01.1977) Special Rules, 1993 and that the rights of the individual holders of the property are to be verified with regard to their claim of possession and the claim that they have been in continuous possession since before 01.01.1977. It is stated that a writ petition of this nature cannot be entertained by this Court. Reliance is placed on a decision of this Court in _**Kerala State Electricity Board, Thiruvananthapuram v. Kerala High Tension & Extra High Tension Industrial Electricity**_ ## **WP(C).No. 23378 of 2018 4** ## _**Consumer's Association, Kalamassery and Others**_ **[2016** **(5) KHC 634]** to contend that the individual grievance of affected persons cannot be collectively considered since the association could not collectively maintain a writ petition as a representative action on behalf of all such individuals. In the said case, the Division Bench of this Court has considered a writ petition filed by the Kerala High Tension & Extra High Tension Industrial Electricity Consumer's Association as against the orders passed by the Board as well as the Regulatory Authority. Considering the case law in the point extensively, the Division Bench held that the grievances raised by the petitioner are the individual grievances of the consumers who are stated to be the members of the association. Since the grievances are individual grievances, it was held that such grievances could not be collectively raised by an association or considered in a writ petition filed by the association. 5. In the instant case as well, no right of the association is being agitated before this Court. What is being contended is that 183 members of the petitioner association, who belong to Thrissur District and 56 members in Palakkad District are eligible for assignment of land. If that be so, it is for the members who are eligible to approach the appropriate authorities with the ## **WP(C).No. 23378 of 2018 5** extract of joint verification report in respect of each of such members. A writ petition by an association without even a member being made a party and producing the record of joint verification in respect of two persons who are said to be eligible cannot be maintained in view of the fact that the grievances are individual grievances and no collective action is maintainable. 6. The learned counsel for the petitioner relied on Ext.P9 interim order of a Division Bench of this Court to contend that even if the individual grievances are being sought to be agitated, all that is required is that the list of members is to be produced before this Court and court fee is to be paid in respect of all the members for whom the relief is sought. The learned counsel would also place reliance on a Division Bench decision of this Court in _**Maradu Market Traders' Association v. State of Kerala [2018(3) KLT 212]**_ , it is contended that the petitioner is ready and willing to produce a list of members of the association and to pay court fee in respect of all the members for whom the relief is sought. Ext.P6 is also relied upon to contend that the details of list of encroachments is before this Court and this Court can limit the relief to the eligible members going by the joint verification. **WP(C).No. 23378 of 2018 6** 7. I have considered the contentions advanced. No collective right of the members of the association is agitated before this Court. The right sought for is possessory right of the persons who are eligible for assignment of land. The question of eligibility for assignment of land is a matter which has to be considered taking note of the possession of the petitioners and in respect of specific area which they occupy. This is an individual right which can be considered only on factual examination of individual cases. The right urged by the petitioner being an individual right, I am of the opinion that the writ petition filed by the association for enforcement of such rights is not maintainable. The members of the petitioner association, persons who are in possession of forest land from 01.01.1977, cannot said to be so impoverished or unable to approach this Court for redressal of their grievances. In the above view of the matter, the contention that it would be onerous to require the members to approach this Court is also not a contention which can be taken note of by this Court. The question of possession, the duration of the same and the area where the occupation is claimed is to be verified on a case to case basis and the association cannot be held to be a proper representative of the petitioners whose rights may be diverse. **WP(C).No. 23378 of 2018 7** In the above view of the matter, I am of the opinion that the writ petition as filed by the association is not maintainable and cannot be entertained by this Court. The writ petition fails and the same is accordingly dismissed. It is made clear that this Court has expressed no opinion on the rights of the individual members of the association. **Sd/-** **ANU SIVARAMAN** **JUDGE** rmm **WP(C).No. 23378 of 2018 8** ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 13.8.2012 ISSUED BY THE REGISTRAR OF SOCIETIES** - **EXHIBIT P2 TRUE PHOTOCOPY OF THE G.O(MS) NO.655/89/RD DATED 31.8.1989 ISSUED BY REVENUE (P) DEPARTMENT** - **EXHIBIT P3 TRUE COPY OF THE G.O(MS) NO.172/92/RD DATED 3.3.1992 ISSUED BY REVENUE (P) DEPARTMENT** - **EXHIBIT P4 TRUE PHOTOCOPY OF THE G.O(RT) NO.3810/2007/RD DATED 15.9.2007 ISSUED BY REVENUE (P) DEPARTMENT** - **EXHIBIT P5 TRUE COPY OF THE TWO EXTRACTS OF RECORD OF JOINT VERIFICATION ISSUED BY THRISSUR REVENUE DIVISIONAL OFFICER** - **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 23.10.2017** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 12.12.2017 ISSUED BY THE 1ST RESPONDENT** - **EXHIBIT P8 TRUE PHOTOCOPY OF THE INTIMATION DATED 19.2.2018** - **EXHIBIT P9 TRUE COPY OF INTERIM ORDER IN WPC NO.18480/2015 DATED 06.06.2018.** ## **RESPONDENTS EXHIBITS** ## **NIL** ## **// TRUE COPY //** ## **P.A. TO JUDGE**