One Earth One Life v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 3[RD] DAY OF APRIL 2023 / 13TH CHAITHRA, 1945** **WP(C) NO. 9611 OF 2021** **PETITIONER:** ONE EARTH ONE LIFE (REG. NO.S.246/1988, KANNUR) REPRESENTED BY ITS DIRECTOR, TONY THOMAS, AGED 58 YEARS, S/O.THOMAS, KIZHAKKEKARA HOUSE, IRUMBAKACHOLA, KANJIRAPUZHA P.O., PALAKKAD DISTRICT-678 591. BY ADV DAISY A.PHILIPOSE ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM-695 001. 3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKAD P.O., THIRUVANANTHAPURAM695 014. 4 DISTRICT LEVEL COMMITTEE, REPRESENTED BY THE CHAIRPERSON, COLLECTORATE, KUNNATHURMEDU, PALAKKAD, PIN-678 013. 5 THE SUB COLLECTOR, RDO OFFICE, OTTAPPALAM P.O., PIN-679 101. 6 THE DIVISIONAL FOREST OFFICER, ARANYAKAM, MANNARKKAD P.O., PIN-678 582. 7 THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT PROJECT, ATTAPPADY P.O., PIN-678 581. SRI.ARAVIND V MATHEW- G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, ALONG WITH WP(C).14386/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C).9611 & 14386 OF 2021** **2** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** ## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **MONDAY, THE 3[RD] DAY OF APRIL 2023 / 13TH CHAITHRA, 1945** ## **WP(C) NO. 14386 OF 2021** ## **PETITIONER:** ONE EARTH ONE LIFE (REG.NO.S.2461/1988, KANNUR) USHUS, PERMANGALAM P.O., THRISSUR-680545, REPRESENTED BY ITS LEGAL DIRECTOR, TONY THOMAS, S/O. THOMAS, AGED 58 YEARS. BY ADVS. DAISY A.PHILIPOSE JAI GEORGE ## **RESPONDENTS:** |1|STATE OF KERALA,| |---|---| ||REPRESENTED BY THE CHIEF SECRETARY,| ||SECRETARIAT, THIRUVANANTHAPURAM-695001.| |2|THE SECRETARY TO THE GOVERNMENT,| ||DEPARTMENT OF FOREST AND WILD LIFE,| ||THIRUVANANTHAPURAM-695001.| |3|THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,| ||FOREST HEAD QUARTERS, VAZHUTHAKKAD P.O., THIRUVANANTHAPURAM-| ||695014.| |4|THE DISTRICT LEVEL COMMITTEE FOR FOREST RIGHTS,| ||REPRESENTED BY ITS CHAIRMAN/DISTRICT COLLECTOR,| ||FIRST FLOOR, CIVIL STATION, CIVIL LINES RD.,| ||KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.| |5|THE DISTRICT COLLECTOR,| ||FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,| ||KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.| |6|THE SUB COLLECTOR,| ||RDO OFFICE, FIRST FLOOR, CIVIL STATION,| ||CIVIL LINES ROAD, AYYANTHOLE,| ||THRISSUR, KERALA-680003.| |7|THE WILDLIFE WARDEN, OFFICE OF WILDLIFE WARDEN, WILDLIFE| ||DIVISION,PEECHI, PEECHI P.O., THRISSUR-680653.| |8|THE TRIBAL DEVELOPMENT OFFICER,| ||TRIBAL DEVELOPMENT OFFICE, MINI CIVIL STATION,| ||CHALAKKUDY P.O., THRISSUR-680307.| ||BY ADVS.SRI.NAGARAJ NARAYANAN, SPL. G.P. FOR FOREST| ||SRI.ARAVIND V MATHEW-G.P| **WP(C).9611 & 14386 OF 2021 3** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, ALONG WITH WP(C).9611/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C).9611 & 14386 OF 2021** **4** ## **JUDGMENT** ## **MURALI PURUSHOTHAMAN, J.** Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. 2. The short facts leading to the filing of W.P.(C) No.9611 of 2021 are as under:- The Petitioner, a voluntary organisation registered under the Societies Registration Act, has filed this Public Interest writ petition aggrieved by the assignment of forest lands illegally to the persons, who were not in actual possession of the land as on 13.12.2005, under the guise of implementation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2005 (hereinafter referred to as 'the Forest Rights Act') and the Rules framed thereunder. The petitioner had earlier filed W.P.(C)No.35501 of 2009 **WP(C).9611 & 14386 OF 2021** **5** seeking direction to the State of Kerala; the Secretary to the Government, Department of Revenue; the Secretary to the Government, SC & ST Department; the Secretary to the Government, Department of Forest and Wild Life and the Principal Chief Conservator of Forests, respondents 1 to 5, not to assign Forest lands to the Scheduled Tribes and Other Traditional Forest Dwellers, who are not in actual possession as on 13.12.2005, and not more than the actual extent possessed by them, and for consequential reliefs. The petitioner states that the Ministry of Environment and Forest, as per Ext. P2 letter dated 23.09.2010, has requested the Chief Secretaries of all States to issue strict directions that the plots of assigned land should be located on the ground boundaries surveyed and plotted on a map duly signed by the concerned authorities and Tribal Department to give funds for erecting boundary pillars whose GPS reading should be recorded and entered in revenue and forest department records and on the Patta. W.P. **WP(C).9611 & 14386 OF 2021** **6** (C)No.35501 of 2009 was disposed of by the Division Bench of this Court on 14.07.2015 holding that forest land can be assigned only with reference to the property in possession of the forest dwellers or the tribals, as the case may be, and that, it is not open for the Government to assign any extent of land to the forest dwellers other than the land in their actual possession. The petitioner states that the Divisional Forest Officer, Mannarkad, vide Ext. P3 letter dated 05.02.2020, has returned 163 applications for record of rights, to the Project Officer, Integrated Tribal Development Project, Attappady, respondent No.7 herein, requesting to complete the survey and demarcation of the forest lands by a joint verification as per the procedure prescribed in the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, (hereinafter referred to as 'Forest Rights Rules'). The Sub Collector, RDO Office, Ottappalam, respondent No.5 herein, has submitted Ext. P4 report dated 02.03.2020 to the **WP(C).9611 & 14386 OF 2021** **7** District Collector with copy to the Divisional Forest Officer, Aranyakam, Mannarkkad, 6[th] respondent stating that all the objections raised by the Divisional Forest Officer were discussed already in SDLC and DLC and that the refusal to countersign is an act of questioning the authority of Grama Sabhas, FRC, SDLC and DLC. The Divisional Forest Officer, Mannarkad has issued Ext. P5 letter dated 10.03.2020 to the Sub-Collector Ottapalam, to return 107 applications for record of rights to complete the survey and demarcation of the forest lands as per the procedure prescribed by Rule 12 A of the Forest Rights (Amendment) Rules, 2012. The Forest Range Officer, Attappady has submitted Ext. P6 report before the Sub-Collector Ottappalam stating that 13 applications coming under the said Range are in respect of Teak Plantations in the possession of the Forest Department. However, the District Level Committee and the Sub-Collector, Ottappalam, respondents Nos.4 and 5, are proceeding quite arbitrarily with the issue of **WP(C).9611 & 14386 OF 2021** **8** record of forest rights, which is causing rampant destruction of the forest and defeat the purpose of the Forest Rights Act. 3. On these facts, the petitioner has prayed for the following reliefs:- “(i) Issue a writ of mandamus directing respondent No.4 not to approve and grant record of rights in respect of Forest lands to the Scheduled Tribes and Other Traditional Forest Dwellers which is not in their actual possession as on 13.12.2005. (ii) Issue a writ of mandamus directing respondents 4 to 6 to survey and demarcate the boundaries of land in actual possession of the Scheduled Tribes and Other Traditional Forest Dwellers, and to erect boundary pillars and to record the GPS coordinates in revenue and forest department records and the Record of Forest Right.” 4. When the writ petition came up for admission, this Court passed an interim order directing the District Level Committee not to approve and grant Record of Forest Right to the Scheduled Tribes and other Traditional Forest Dwellers without surveying and demarcating the boundaries of land in their actual possession. **WP(C).9611 & 14386 OF 2021** **9** 5. W.P.(C) No.14386 of 2021 is filed by the same petitioner aggrieved by the assignment of forest lands coming under Olakara Forest Station in Peechi-Vazhani Wild Life Sanctuary, illegally, under the guise of implementation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2005 and the Rules framed thereunder. It is contended that, though the Forest Rights Act envisages protection of the rights of the scheduled tribes and other traditional forest dwellers who are in occupation and cultivation of the lands for generations, respondents 4 and 5 have taken a decision to grant forest rights in respect of uncultivated and virgin dense forest lands to the scheduled tribes and other traditional forest dwellers. The petitioner has made the following prayers in the writ petition:- “(i) Issue a writ of certiorari calling for the records relating to Exhibit-P4 and P6 and quash the same as illegal. (ii) Issue a writ of mandamus directing respondent No.4 to 6 not to grant record of rights to the **WP(C).9611 & 14386 OF 2021** **10** Scheduled Tribes and Other Traditional Forest Dwellers, at Olakara Colony coming under Olakara Forest Station in Peechi-Vazhani Wild life Sanctuary, in respect of Forest lands which is not in their actual possession as on 13.12.2005. (ii) Issue a writ of mandamus directing respondents 4 to 7 to survey and demarcate the boundaries of land in actual possession of the Scheduled Tribes and Other Traditional Forest Dwellers as on 13.12.2005, at Olakara Colony coming under Olakara Forest Station in PeechiVazhani Wild life Sanctuary and to erect boundary pillars and to record the GPS coordinates in revenue and forest department records and the Record of Forest Right.” 6. This Court, on 02.09.2021, passed an interim order not to grant Record of Forest Right to the scheduled tribes and other traditional forest dwellers without surveying and demarcating the boundaries of land in their actual possession as on 13.12.2005. 7. A detailed counter affidavit has been filed on behalf of the 6[th] respondent, the District Forest Officer, Mannarkad in W.P.(C) No.9611 of 2021 and it is apposite to extract the relevant portions therein which read as under:- “4. With regard to the averments in paragraph 2 of the writ petition, the Forest Department has taken steps to give effect to the **WP(C).9611 & 14386 OF 2021** **11** provisions of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2005 ( _hereinafter “Forest Rights Act”_ ) and has settled several claims under the Forest Rights Act of Schedule Tribe people residing inside the forests. However, assigning virgin forest lands to ineligible persons under the guise of implementation of the Forest Rights Act has to be guarded against. 5. The averments in paragraphs 3 and 4 of the writ petition regarding Exhibit-P1 judgment and Exhibit-P2 letter admittedly pertain to the implementation of settlement of claims for record of rights under the Forest Rights Act. 6. Regarding the averments in paragraph 5 of the writ petition, it is submitted that via Exhibit-P3 letter dated 05.02.2020, 6[th] respondent has returned 163 numbers of applications for individual rights to the 7[th] respondent and requested the 7[th] respondent to complete the survey and demarcation of forest land by a joint verification as per the procedure prescribed under Rule 12A of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Rules 2007 ( _hereinafter “Forest Rights Rules”_ ). Subsequently, Joint verification of 75 applications included in this 163 number of applications were conducted and Records of Rights were issued to 70 eligible applicants. 5 applications were rejected since it was found that no agriculture practices were carried out at any point of time during the joint verification. Details of applications in which Records of Rights were issued or rejected along with other such similar applications are submitted in the table mentioned in Para 11 and 12 of this counter affidavit. 7. Moreover, vide Exhibit-P5 letter dated 10.03.2020, the 6[th] respondent had informed the 5[th] respondent Sub Collector, that 107 applications regarding Forest Rights in Agali and Puthur Panchayaths submitted before Sub Divisional Level Committee (hereinafter “SDLC”) should not be considered since the procedure laid down in **WP(C).9611 & 14386 OF 2021** **12** Rule 12A of Forest Rights Rules was not followed in respect of the said applications. A comprehensive survey to measure and demarcate such lands was not conducted at that point of time. Subsequently Joint verification and comprehensive survey of 38 applications included in this 107 number of applications were conducted and Records of Rights were issued to 37 eligible applicants. 1 application was rejected since it was found that no agriculture practices were carried out at any point of time during the joint verification. Details of applications in which Records of Rights were issued or rejected along with other such similar applications are submitted in the table mentioned in Para 11 and 12 of this counter affidavit. 8. Exhibit-P4 letter mentioned in paragraph 6 of the writ petition was issued by the 5[th] respondent Sub Collector as the Chairperson of the SDLC to the 6[th] respondent. 9. It is submitted that the joint verification and demarcation of lands mentioned in the above applications have not been done so far. In this regard, Ext.P1 judgment of this Honourable Court in Writ Petition (C) No. 35501/2009 filed by 'One Earth One Life' which relate to the issue of illegal assignment of forest land under the guise of implementation of Forest Rights Act and Rules framed there under is binding on the State and assume importance. Therefore any recognition of rights should be based on the actual extent of land held by the claimant under the Forest Rights Act as on the relevant date. Recognition of rights or issuance of record of rights over forest land has to be done only in respect of eligible persons. So under no circumstances, ineligible persons are conferred with Record Of Rights under the Forest Rights Act. 10. Nearly 740 applications have already been disposed granting Record of Rights to Tribals. Further there were 429 applications pending for issuance of Record Of Rights as on 13.10.2021, which were in issue, out of which 225 Record Of Rights were signed by this respondent and the 7[th] respondent and submitted to **WP(C).9611 & 14386 OF 2021** **13** 4[th] Respondent. So total applications so far disposed granting Record Of Rights is 965 applications. For the above 225 applications for Record Of Rights, joint verification was carried out by Forest and Revenue Departments and GPS readings were recorded and extent of land was recalculated. 225 Record Of Rights were signed by this respondent only after joint verification for further action. True copy of joint verification report of the Forest Department in respect of one such application is produced herewith and marked as Exhibit-R6(a). Letters dated 30.12.2021, 13.01.2022, 27.01.2022, 03.02.2022, 08.03.2022, 13.04.2022, 16.06.2022, 13.07.2022 and 01.02.2023 were sent to 7[th] respondent by this respondent to carry out demarcation of these plots using survey stones, true copies of which are produced herewith and marked as Exhibit-R6(b), Exhibit-R6(c), ExhibitR6(d), Exhibit-R6(e), Exhibit-R6(f), Exhibit-R6(g), ExhibitR6(h), Exhibit-R6(i) and Exhibit-R6(j) respectively. 11. All the above said 225 applications for Record Of Rights were processed by this respondent only after joint verification as prescribed in Rule 12A of Forest Rights Act and submitted to 4th Respondent for signing and final issuance of Record of Rights. This is in accordance with the decision of the District Level Committee meeting dated 09.12.2021 in which, the matter of joint verification of Revenue and Forest was decided and process of demarcation was entrusted to the 7th Respondent. True copy of minutes dated 09.12.2021 of the District Level Committee is produced herewith and marked as Exhibit-R6(k). A total of SUM(ABOVE) Hectares (710.34 acres) of land were assigned exclusively to Tribal People belonging to Irula, Muduga and Kurumba communities in Attappady Taluk. Details of persons, their hamlet, extent of land for which the above 225 Record of Rights were issued are submitted in table given below. **WP(C).9611 & 14386 OF 2021** **14** |**Sl.**<br>**No.**|**Name**|**Name of FRC**|**Extent**<br>**(In Hectare)**| |---|---|---|---| |1|Chellan S/o Maruthan|Kollankadavu|0.5587| |2|Valliyamma W/o Nanchan|Venthavetty|0.7611| |3|Chindan S/o Kali|Galazi|3.5829| |4|Rengi W/o Maruthan|Chittur|0.3684| |5|Ponni W/o Kali|Galazi|3.7570| |6|Nanchan S/o Chellan|Koolankadavu|0.8299| |7|Sivani W/o Rengan|Chittur|0.4898| |8|Omana W/o Rengan|Chittur|0.7935| |9|Omana W/o Rajan|Chittur|0.5506| |10|Maruthi W/o Karamadayan|Thekkupana|0.2105| |11|Murukesan S/o Maniyan|Thekkupana|1.0161| |12|Chellan S/o Kakki|Thekkupana|1.1983| |13|Pazhani S/o Thamandan|Karadippara|0.7732| |14|Lakshmi D/o Mari|Vendavetti|0.8744| |15|Mallika W/o Pappachan|Chittur|0.3320| |16|Pacha S/o Mallan|Chittur|0.0769| |17|Sivasankaran S/o Nanchan|Chittur|0.3562| |18|Radha W/o Prakash|Chittur|0.1255| |19|Rajamma W/o Das|Chittur|0.4211| |20|Krishnakumar S/o<br>Lakshmanan|Chittur|0.3481| |21|Panchi W/o Maruthan|Chemmannur|0.1255| |22|Babu S/o Rengan|Karadipara|0.8987| |23|Rejitha W/o Murukan|Chemmannur|0.2388| |24|Murukan S/o Mammu|Karadipara|0.3968| |25|Maruthan S/o Raman|Chemmannur|0.6437| |26|Sindhu W/o Sibin Kumar|Chemmannur|0.2348| |27|Pappathi W/o Subramanian|Chittur|0.7125| |28|Rengan S/o Velayudhan|Chittur|0.7732| |29|Raju S/o Bhatty|Chittur|0.7854| |30|Gopalakrishnan S/o Pacha|Chittur|0.4048| |31|Parvathi W/o Shanmughan|Chittur|0.3846| |32|Karumi W/o Kara|Chemmanur|0.2589| |33|Subramanian S/o Ponmala|Chemmanur|0.6397| |34|Rangan S/o Chathan|Nellippathy|1.5466| |35|Rangan S/o Lincon|Nellipathy|1.1538| |36|Rengi W/o Chellan|Mettuvazhi|0.2955| |37|Vellingiri S/o Kurumban|Thazhe Kakkupadi|0.2227| |38|Ponni W/o Velli|Mele Kakkuppadi|0.3157| |39|Sumathi W/o Panali|Mele Kakkuppadi|0.4737| |40|Sival W/o Maruthan|Odapetty|0.9271| |41|Rengi W/o Mari|Oonthumala|1.9190| |42|Aandi S/o Maruthan|Oonthumala|2.3725| |43|Thurandan S/o Kuppan|Oonthumala|0.3846| |44|Kali S/o. Rengan|Oonthumala|1.1660| |45|Rajan S/o Kuppan|Oonthumala|0.2551| |46|Murugan S/o Nanchan|Oonthumala|0.0931| |47|Masani W/o Maruthan|Kollankadavu|0.8745| |48|Maruthan S/o Kadalan|Mele Kandiyoor|0.4413| |49|Kannan S/o Rengan|Mele Kakkuppadi|1.3522| |50|Kuppan S/o Mari|Mele Kakkuppadi|0.3522| |51|Velli D/o Kali|Mele Kakkuppadi|0.2914| |52|Nanjan S/o Devaran|Kollankadavu|1.2591| |53|Murukan S/o Maruthan|Kozhikkoodam|1.0607| **WP(C).9611 & 14386 OF 2021** **15** |54|Murukan S/o Thamandan|Kozhikkoodam|0.6396| |---|---|---|---| |55|Rengan S/o Karamooppan|Vechappathi|2.4170| |56|Maruthi W/o Poosari|Vechappathi|0.8734| |57|Sivadas S/o Subramanian|Vechappathi|1.4898| |58|Kamala W/o Kakki|Karara|0.5587| |59|Vellingiri S/o Chinnan|Karara|0.8987| |60|Pappan S/o Muthu|Karara|0.4736| |61|Shanmughan S/o Rengan|Karara|1.2995| |62|Chandran S/o Chellan|Karara|0.5829| |63|Sankaran S/o Aandi|Venthavetti|0.9352| |64|Chinnan S/o Sivan|Karara|1.0121| |65|Mari S/o Mallan|Edavani|0.4412| |66|Lingan S/o mallan|Edavani|3.7327| |67|Rengan S/o Chandran|Panganaripallam|0.3400| |68|Maruthan S/o Chetti|Venthavetti|0.9311| |69|Murukesh S/o Pandi|Venthavetti|1.8461| |70|Mannappa W/o Vellingiri|Mele Chootra|1.3238| |71|Velayudhan S/o Chellan|Karara|0.4615| |72|Gelan S/o Krishnan|Mele Chootra|0.7368| |73|Patara S/o Raman|Aanagadha|1.2105| |74|Chandran S/o Koman|Karara|0.5748| |75|Maruthan S/o Mari|Onthumala|0.9838| |76|Chelli W/o Ravi|Kallamala|1.7287| |77|Mari W/o Kali|Kathirampathi|1.1133| |78|Kaliyamma W/o Nanchan|Kathirampathi|0.6113| |79|Latha W/o Chinnan|Karara|1.0404| |80|Chellan S/o Rankan|Karara|1.0202| |81|Sivaraman S/o Velli|Chittur|1.1214| |82|Venu S/o Nanchan|Chittur|0.8097| |83|Vadukan S/o Rangan|Mettuvazhi|0.2874| |84|Pappa W/o Haridas|Kattekkad|0.9757| |85|Lakshmi W/o Vellingiri|Kattekkad|0.1659| |86|Radha W/o Thangaraj|Kattekkad|1.3603| |87|Mani S/o Mallan|Kattekkad|0.4696| |88|ThamandanS/o Kali|Nellippathi|1.2226| |89|Kakki S/o Kadukka|Nellippathi|0.7490| |90|Lakshmi W/o Vijayan|Karadippara|0.6879| |91|Panali S/o Nagan|Edavani|1.4939| |92|Kurumban S/o Murukan|Edavani|2.1619| |93|Chathan S/o Velli|Edavani|0.5263| |94|Panali S/o Chathan|Edavani|3.4979| |95|Linkan.V S/o Velli|Edavani|2.1700| |96|Vellan S/o Chathan|Edavani|3.2914| |97|Murukan S/o Panali|Edavani|3.7287| |98|Chathan S/o Panali|Edavani|3.3886| |99|Maruthan S/o Chinnakunan|Pudur|1.5506| |100|Kuppan S/o Karimutty|Pudur|1.7894| |101|Maruthi W/o Vella|Chootra|3.1214| |102|Chellan S/o Nanchan|Chootra|2.4777| |103|Seethe S/o Nanchan|Chootra|2.3157| |104|Ponnan S/o Jadayan|Chootra|2.7935| |105|Barmman S/o Velli|Mele Kakkuppadi|0.0729| |106|Parvathy W/o Latheef|Thazhe Kakkuppadi|0.2672| |107|Malli W/o Maruthan|Mele Chootra|3.3279| |108|Panali S/o Mallan|Pudur|3.7368| |109|Lakshmanan S/o Velli|Pudur|1.1295| |110|Ayappan S/o Kurumban|Edavani|3.233| **WP(C).9611 & 14386 OF 2021** **16** |111|Rengan S/o Krishnan|Mele Chootra|2.2469| |---|---|---|---| |112|Chandran S/o Velli|Edavani|4.000| |113|Nanchan S/o Jadayan|Thazhe Chootra|2.3157| |114|Eswaran S/o Krishnan|Mele Chootra|2.2995| |115|Velli S/o Chembooli|Kulappadi|1.7489| |116|Raman S/o Maniyan|Kulappadi|1.1740| |117|Patti S/o Chembooli|Kulappadi|2.9230| |118|Manian S/o Chembooli|Kulappadi|2.9433| |119|Masannan S/o Chembooli|Kulappadi|2.2550| |120|Maruthan S/o Thavidan|Thekkuppana|0.5344| |121|Chandran S/o Karamadayan|Thekkuppana|2.417| |122|Panali S/o Jadayan|Vallavetti|1.0890| |123|Mookan S/o Kali Mooppan|Vallavetti|0.3765| |124|Renki W/o Dhasan|Vallavetti|0.6133| |125|Murukan S/o Jadayan|Vallavetti|0.6842| |126|Mannappa W/o Murukan|Swarnagadda|0.7530| |127|Manikandan S/o Rengan|Swarnagadda|1.1336| |128|Kanakaraj S/o Bothiyan|Pudur|0.5829| |129|Rengan S/o Kadodi|Pudur|0.4129| |130|Nanchi W/o Murugan|Pudur|1.3927| |131|Rami W/o Chinnan|Pudur|1.0404| |132|Vaduki W/o Kannan|Pudur|1.0769| |133|Ganesan S/o Paru Chami|Pudur|0.8259| |134|Ayyapan S/o Aandi|Swarnagadda|1.3927| |135|Pappa W/o Karti|Swarnagadda|1.2834| |136|Chinnathottan S/o Murukan|Swarnagadda|1.0850| |137|Vanchi W/o Rangan|Swarnagadda|0.8178| |138|Malli W/o Kadan|Galazi|3.9900| |139|Rami W/o Konan|Pudur|1.5344| |140|Aani W/o Chathan|Aralikonam|1.5992| |141|Kakki S/o Periyakali|Aralikonam|2.2915| |142|Budran S/o Chathan|Aralikonam|2.5870| |143|Vellingiri S/o Resan|Aralikonam|1.3846| |144|Balan S/o Chathan|Aralikonam|1.3846| |145|Kavan S/o Kara|Aralikonam|2.6073| |146|Resi W/o Panali|Aralikonam|0.4493| |147|Palli S/o Masanan|Aralikonam|1.3886| |148|Ravi S/o Masanan|Aralikonam|0.9028| |149|Resi W/o Dhora|Aralikonam|1.445| |150|Rankan S/o Aandi|Vellamari|0.2510| |151|Rankan S/o Nanchan|Thazhe Chootra|3.3319| |152|Manikandan S/o Nanchan|Thazhe Chootra|3.1457| |153|Nagaraj S/o Rankan|Thazhe Chootra|1.1740| |154|Babu S/o Manikandan|Thazhe Chootra|2.2631| |155|Pappa W/o Panali|Mele Chootra|3.2064| |156|Chindi D/o Nagan|Mele Chootra|3.8663| |157|Kallan S/o Nagan|Mele Chootra|2.5222| |158|Kara S/o Nagan|Mele Chootra|3.3846| |159|Kumar S/o Vellingiri|Mele Chootra|3.643| |160|Maruthan S/o Vella|Thazhe Chootra|2.3846| |161|Raman S/o Nanchan|Thazhe Chootra|2.3076| |162|Lakshmi W/o Vellingiri|Pudur|2.8744| |163|Ranki W/o Chellan|Pattanakkal|0.6680| |164|Manappa S/o Rankan|Parappanthara|0.2064| |165|Maniyan S/o Rankan|Chembuvattakkadu|0.3441| |166|Rengan S/o Gandi Mooppan|Mele Chootra|2.7327| **WP(C).9611 & 14386 OF 2021** **17** |167|Kurumbi W/o Kannan|Kallamala|1.4163| |---|---|---|---| |168|Manu.K.M S/o Murukan|Kallamala|2.0630| |169|Rengan S/o Madhavan|Galazi|3.0430| |170|Kallan S/o Mallan|Kadukumanna|1.1862| |171|Raman S/o Mallan|Kadukumanna|1.1579| |172|K.S.Murukan S/o Soman|Kadukumanna|0.8623| |173|Gopakumar S/o Murukan|Kadukumanna|0.4008| |174|Sukumaran S/o Murukan|Kadukumanna|1.8461| |175|Suresh S/o Rengan|Kadukumanna|1.3320| |176|Vanchi W/o Nanchan|Kolappadi|1.28| |177|Nanchan S/o Kali|Kolappadi|2.64| |178|Kakki S/o Maniyan|Kolappadi|0.41| |179|Komali Rankan S/o Kakki|Kolappadi|1.02| |180|Eswaran S/o Bellan|Kolappadi|1.06| |181|Puttan S/o Rankan|Kolappadi|0.99| |182|Rangi W/o Rankan|Kolappadi|0.94| |183|Chelli W/o Raman|Kolappadi|0.53| |184|Kali W/o Nanchan|Kolappadi|0.66| |185|Murukan S/o Sukkri|Thekkuppana|0.86| |186|Kuppa W/o Chella|Thekkuppana|1.50| |187|Sumathi W/o Murukan|Thekkuppana|1.49| |188|Rankan S/o Ganda|Thekkuppana|0.98| |189|Govindan S/o Nanchan|Thekkuppana|1.77| |190|Chinnan S/o Velli|Thekkuppana|1.99| |191|Kakki S/o Kutty|Paloor|0.45| |192|Prasanth S/o Chimban|Paloor|0.55| |193|Nanchan S/o Gorkkan|Paloor|0.27| |194|Chelli W/o Konan|Paloor|0.68| |195|Manikandan S/o Kakki|Karadippara Ooru|1.396| |196|Maruthan S/o Vella|Thekupana Ooru|2.303| |197|Nanchan S/o Kuruthala|Kolappadika Ooru|1.057| |198|Maruthi W/o Maruthan|Paloor Ooru|1.023| |199|Divya W/o Rankan|Karadippara Ooru|0.623| |200|Malleeswaran.K S/o<br>Kalimooppan|Agali|0.8417| |201|Nanchi W/o Manikandan|Agali|0.6397| |202|Nanchi W/o Manivelan|Agali|0.392| |203|Rangaswami S/o Chathimari|Agali|0.692| |204|Nanchi W/o Raman|Cheramankandi Ooru|0.263| |205|Aandi S/o Maruthan|Cheramankandi Ooru|0.158| |206|Easwaran S/o Maruthan|Paloor Ooru|1.400| |207|Koni S/o Nanka|Paloor Ooru|0.655| |208|Maruthan S/o Dudan|Paloor Ooru|0.910| |209|Rankan S/o Dakkayyan|Paloor Ooru|0.554| |210|Panali S/o Kutty|Paloor Ooru|0.542| |211|Kali W/o Kuppan|Pudur Ooru|0.477| |212|Mandan S/o Varagan|Pudur Ooru|1.254| |213|Siva W/o Aandi|Swarnagadha Ooru|2.310| |214|Kalimuthu S/o Karamadayan|Thekkuppana Ooru|2.411| |215|Easwaran S/o Karamadayan|Thekkuppana Ooru|0.428| |216|Karamadayan S/o Kariyan|Thekkuppana Ooru|1.169| |217|Resi W/o Arjunan|Swarnagadha Ooru|0.498| |218|Maruthan S/o Chiriyan|Paloor Ooru|0.785| |219|Kuttiyannan S/o Chathan|Paloor Ooru|1.371| |220|Nanchi W/o Aandi|Chutra Ooru|1.861| |221|Kali S/o Maruthan|Cheramankandi<br>Ooru|0.166| **WP(C).9611 & 14386 OF 2021** **18** |222|Kakki S/o Puliyan|Swarnagadha Ooru|2.654| |---|---|---|---| |223|Kali W/o Gopalan|Agali Thazhe Ooru|0.3399| |224|Nagaraj S/o Ooma|Agali Thazhe Ooru|0.6510| |225|Vellingiri S/o Charakan|Paloor Ooru|1.1011| ||**TOTAL**||**287.4701**<br>**(710.34 acres)**| 12. After the aforesaid 225 applications have been processed, regarding the remaining 204 applications, the following developments have taken place. Out of the balance 204 applications, 7 applications were not considered for issuance of Record of Rights since it was found that no agriculture practices were carried out at any point of time during the joint verification. Details of the 7 applications which were rejected are submitted in the table below. |**Sl. No.**|**Name**|**Name of FRC**|**Extent**<br>**Claimed**<br>**(Hectares)**| |---|---|---|---| |1|Panali S/o Killan|Edavani|2.5506| |2|Pazhaniyamma W/o Raman|Venthavetty|0.8663| |3|Raman S/o Thora Mooppan|Swarnagadha|1.9797| |4|Veeran S/o Velli|Vayaloor|0.3441| |5|Sindhu W/o Mani|Vayaloor|0.6923| |6|Pappathi W/o Varghese|Vayaloor|0.2469| |7|Nanchi D/o Maruthan|Vayaloor|0.4251| ||**TOTAL**||**7.1050**<br>**(17.56**<br>**acres)**| 13. One applicant has demanded to issue patta as per Land Assignment Act and not Record of Rights as per Forest Rights Act and hence her application could not be considered under the Forest Rights Act and Rules. 14. Regarding another 24 applications, it is submitted that Joint verification was over and process of issuance of Record of Rights in respect of these 24 applications is going on and forms of Record of Rights have been returned to the 7[th] Respondent for correction of Plot Number after joint verification. Details of extent of land and places where they are claiming to be assigned vide the aforesaid 24 applications are submitted in the table below. **WP(C).9611 & 14386 OF 2021** **19** |**Sl.**<br>**No.**|**Name**|**Name of FRC**|**Extent**<br>**Claimed**<br>**(Hectare)**| |---|---|---|---| |1|Nanchi W/o Rengan|Kollamkadavu|0.26| |2|Masani W/o Chellan|Kookampalayam|0.34| |3|Kali W/o Sivan|Kookampalayam|0.25| |4|Manikandan S/o Chellan|Kookampalayam|0.24| |5|Maruthan S/o Kakki|Cheramankandi|0.10| |6|Murukan S/o Rengan|Vellavatty|0.98| |7|Panali S/o Rengan|Kolappady|3.66| |8|Karamadayan S/o Sukiri|Kolappady|0.00| |9|Kali S/o Jogi|Thekkupana|2.51| |10|Andishi W/o Murukan|Karadipara|0.49| |11|Maruthan S/o Raman|Kollamkadavu|0.65| |12|Ambili W/o Shanmugan|Chittur|0.40| |13|Rankan S/o Mari|Thazhe Kakkuppadi|0.24| |14|Chelli W/o Raman|Thazhe Kakkuppadi|0.30| |15|Maruthan S/o Muthu|Karara|0.51| |16|Sumathi W/o Venu|Karara|0.93| |17|Karnan S/o Venu|Karara|0.38| |18|Rami W/ Manikyan|Mele Kakkupadi|0.37| |19|Renjitha W/o Kuttan|Kallamala|1.82| |20|Kalimuthu S/o Kadan|Kathirampathi|1.78| |21|Nanchan S/o Kali|Kathirampathi|0.40| |22|Chathi W/o Vella|Mele Kakkupadi|0.31| |23|Bindu D/o Mariamma|Mele Kakkupadi|0.27| |24|Mali W/o Kesavan|Mele Kakkupadi|0.34| ||**TOTAL**||**17.53**<br>**(43.32**<br>**acres)**| 15. Joint verification is pending in respect of 172 applications including 155 applications in respect of which the Forest Department has raised objections. Details of the 17 applications pending joint survey are submitted in the table below. |**Sl.**<br>**No**|**Beneficiary Name**|**Name of FRC**|**Extent in**<br>**(Hectares)**| |---|---|---|---| |1|Rengamma W/o<br>Maruthan|Kollamkadavu|0.45| |2|Panali S/o Periyakali|Aralikonam|2.55| |3|Lakshmanan S/o Resan|Mele Kandiyur|0.56| |4|Nanchan S/o Male|Kolappady|1.87| |5|Bokkan S/o Mannan|Kolappady|0.96| |6|Vellingiri S/o Maruthan|Kolappady|0.59| |7|Saathi W/o Makkulan|Kolappady|1.58| **WP(C).9611 & 14386 OF 2021** **20** |8|Goosy W/o Maruthan|Kolappady|1.57| |---|---|---|---| |9|Lakshmanan S/o<br>Kumaran|Kolappady|0.78| |10|Vally W/o Rangan|Chootara-1|2.33| |11|Raju S/o<br>Mannamooppan|Chootara-1|3.50| |12|Vella S/o Nagan|Chootara-1|2.79| |13|Manikandan S/o<br>Chinnarajan|Thekkupana|0.37| |14|Murukan S/o<br>Chinnarangan|Thekkupana|2.00| |15|Murukan S/o Kali|Galasi|3.47| |16|Chandrasekaran S/o<br>Kali|Galasi|4.06| |17|Madhavan S/o Kadan<br>(Mathan)|Galasi|3.57| ||**Total**||**33.00**<br>**(81.54**<br>**acres)**| 16. Details of 155 applications where objections of the Forest Department, based on initial survey, pertain to either absence of any agricultural practice or absence of occupancy or due to pendency of litigation under the Kerala Private Forest (Vesting and Assignment) Act, are submitted in the table below. |**Sl.**<br>**No**|**Beneficiary Name**|**Name of FRC**|**Extent in**<br>**(Hectares)**| |---|---|---|---| |1|Babu S/o Rankan|Adiya<br>Kandiyur|0.40| |2|Nanchi W/o Rangan|Adiya<br>Kandiyur|0.41| |3|Rangan S/o Chinnayan|Adiya<br>Kandiyur|0.18| |4|Mari S/o Maruthan|Adiya<br>Kandiyur|0.31| |5|Koyan S/o Chellan|Adiya<br>Kandiyur|0.21| |6|Pottani S/o Veeran|Adiya<br>Kandiyur|0.23| |7|Mari W/o Maruthan|Adiya<br>Kandiyur|0.13| |8|Mottan S/o Kuppan|Nellipathi<br>Ooru|0.44| |9|Mari W/o Maniyan|Nellipathi<br>Ooru|0.74| |10|Rajamma W/o Kumar|Nellipathi<br>Ooru|0.68| **WP(C).9611 & 14386 OF 2021** **21** |11|Raman S/o Sankaran (Rengan)|Nellipathi<br>Ooru|1.60| |---|---|---|---| |12|Karan S/o Boppan|Nellipathi<br>Ooru|0.42| |13|Maruthi W/o Maruthan|Nellipathi<br>Ooru|0.46| |14|Lingan S/o Kuppan|Nellipathi<br>Ooru|0.70| |15|Aandi S/o Nanchan|Nellipathi<br>Ooru|0.42| |16|Nanchan S/o Kuppan|Nellipathi<br>Ooru|0.55| |17|Raman S/o Resan|Nellipathi<br>Ooru|0.76| |18|Cheeli W/o Sivan|Nellipathi<br>Ooru|1.26| |19|Kali W/o Kali|Nellipathi<br>Ooru|0.45| |20|Ponnn S/o Lingan|Nellipathi<br>Ooru|0.54| |21|Vijaykumar S/o Vanan|Nellipathi<br>Ooru|0.61| |22|Aandi S/o Jungan|Nellipathi<br>Ooru|0.33| |23|Sayindhan S/o Rangan|Nellipathi<br>Ooru|0.56| |24|Mari W/o Raman|Nellipathi<br>Ooru|0.52| |25|Masanan S/o Jungan|Nellipathi<br>Ooru|0.72| |26|Pali S/o Masanan|Mettuvazhi|0.71| |27|Kamala W/o Ramachandran|Mettuvazhi|0.82| |28|Nagan S/o Chellan|Kollamkadavu|0.93| |29|Selvi W/o Na Nchan|Kollamkadavu|0.55| |30|Kovilan S/o Maruthan|Kollamkadavu|0.50| |31|Sumathy W/o Karuppan|Mele<br>Kakkupadi|0.42| |32|Mari S/o Rengan|Mele<br>Kakkupadi|0.29| |33|Rengan S/o Kakki|Mele Kandiyur|0.40| |34|Sarasamma W/o Maruthan|Mele Kandiyur|0.38| |35|Vasantha D/o Pacha|Mele Kandiyur|0.50| |36|Nanchan S/o Kadalan|Mele Kandiyur|0.69| |37|Maruthan S/o Konan|Mele Kandiyur|1.10| |38|Maruthachalam S/o Rengan|Mele Kandiyur|1.47| |39|Chandran S/o Rengan|Mele Kandiyur|0.64| |40|Kurmarn S/o Nanchan|Mele Kandiyur|0.94| |41|Kali W/o Chathan|Mele Kandiyur|0.83| |42|Jayanthi W/o Maruthan|Mele Kandiyur|0.84| |43|Radha W/o Saravanan|Karara|1.53| |44|Madhavan S/o Aandi|Karara|1.45| **WP(C).9611 & 14386 OF 2021** **22** |45|Rankan S/o Annamalai|Kathirampathi|0.51| |---|---|---|---| |46|Nanchan S/o Vellakutti|Kathirampathi|1.63| |47|Lakshmi W/o Kakki|Kallamala|1.55| |48|Satheesh S/o Lakshmanan|Kallamala|0.75| |49|Lakshmi W/o Lingan|Kallamala|0.59| |50|Lakshmi W/o Suresh|Kallamala|0.91| |51|Rajan S/o Kuruban|Kallamala|1.30| |52|Chelli W/o Nagan|Kallamala|1.57| |53|Soudha W/o Suni|Kallamala|0.89| |54|Bineetha W/o Ramesh|Kallamala|1.42| |55|Ajeesh S/o Vijayan|Kallamala|0.95| |56|Nisha W/o Premkumar|Kallamala|0.87| |57|Chinnamma W/o Ramesh|Kallamala|0.67| |58|Krishnakumari W/o Rangan|Kallamala|0.89| |59|Sobharaj S/o Kadan|Kallamala|0.36| |60|Chanrdan S/o Kakki|Kallamala|0.77| |61|Vijaya W/o Chandran|Kallamala|1.56| |62|Thankamani W/o Kadan|Kallamala|0.60| |63|Chelli W/o Chinnan|Kallamala|1.25| |64|Santha W/o Sivadas|Kallamala|0.45| |65|Radha W/o Suresh|Kallamala|1.43| |66|Bindhu W/o Suresh|Kallamala|1.03| |67|Mallika W/o Mani|Kallamala|1.34| |68|Kuppan S/o Konkara|Kallamala|1.28| |69|Suresh S/o Kannan|Kallamala|0.97| |70|Makkula Moopan S/o<br>Rangamoopan|Kalkkandiyoor|1.04| |71|Malleswaran S/o Rangan|Kalkkandiyoor|1.31| |72|Valli W/o Arumugan|Kalkkandiyoor|0.53| |73|Chellan S/o Nanchan|Kalkkandiyoor|0.59| |74|Vally W/o Maruthan|Kalkkandiyoor|0.63| |75|Rengan S/o Kakky|Kalkkandiyoor|0.70| |76|Murukan H/O Muruki|Kalkkandiyoor|0.67| |77|Rengi W/o Maruthan|Onthumala|0.72| |78|Geetha W/o Kumaran|Onthumala|0.46| |79|Manikkandan S/o Mann<br>Moopan|Chootara-1|3.12| |80|Murukesh S/o Manikandan|Chootara-1|2.44| |81|Muthuswami S/o Manikandan|Chootara-1|2.02| |82|Lakshmi W/o Biju|Onthumala|0.48| |83|Rengi W/o Murukan|Mele<br>Kakkuppadi|0.45| |84|Velli S/o Rengan|Mele<br>Kakkuppadi|0.27| |85|Suresh S/o Kuppan|Chittur|0.35| **WP(C).9611 & 14386 OF 2021** **23** |86|Vijayasudha W/o Jeorge|Chittur|0.07| |---|---|---|---| |87|Pradeepkumar S/o Kurumban|Chittur|2.77| |88|Nishadh S/o Pappan|Kallamala|2.12| |89|Vijayan S/o Nagan|Kallamala|2.53| |90|Lakshmanan S/o Kannan|Kallamala|3.29| |91|Santhosh S/o Lakshmanan|Kallamala|3.88| |92|Ratheesh S/o Kuppan|Kallamala|2.28| |93|Raju KK|Kallamala|2.59| |94|Reji KK|Kallamala|3.59| |95|Unnimery W/o Veeran|Kallamala|1.49| |96|Raju S/o Kuppan|Kallamala|1.73| |97|Velli S/o Rangan|Kallamala|1.98| |98|Omana W/o Rangan|Kallamala|2.04| |99|Bineesh S/o Veeran|Kallamala|3.40| |100|Anoop S/o Ayyappan|Kallamala|2.79| |101|Rama W/o Ayyappan|Kallamala|2.20| |102|Deepa W/o Nandhakumar|Kallamala|1.70| |103|Santhosh S/o Nagan|Kallamala|2.14| |104|Ambili W/o Chellan|Kallamala|1.05| |105|Sumathi W/o Mari|Kallamala|2.91| |106|Chelli W/o Puliyan|Kallamala|3.63| |107|M.N.Kali|Kallamala|1.93| |108|Valli W/o Anil|Kallamala|0.97| |109|Nanchan S/o Resan|Kathirampathi|1.15| |110|Sarasa W/o Ayyappan|Kathirampathi|1.61| |111|Panchans S/o Chellan|Kathirampathi|1.19| |112|Murukan S/o Kuppan|Kathirampathi|1.73| |113|Kali S/o Raman|Kathirampathi|1.05| |114|Selvi W/o Rangan|Kathirampathi|0.62| |115|Kali S/o Chellan|Konamkuthy|1.16| |116|Nanchan S/o Vasakan|Vendhavatty|0.62| |117|Sindhu W/o Shiju|Odapetty|1.78| |118|Shyni W/o Kalimuthu|Kattekkad|0.93| |119|Shoba W/o Shijo|Kattekkad|0.25| |120|Rajan S/o Konkara|Kattekkad|0.57| |121|Veeran S/o Nagan|Kattekkad|2.16| |122|Chandran S/o Rangan|Kattekkad|0.70| |123|Ayyappan S/o Rangan|Kattekkad|0.58| |124|Rangan S/o Mari|Kattekkad|0.42| |125|Rajendran S/o Soman|Kattekkad|1.38| |126|Rangan S/o Nagan|Kattekkad|0.76| |127|Ravikumar S/o Raju|Kattekkad|0.93| |128|Sugumaran S/o Maniyamooppan|Karathoor|0.32| **WP(C).9611 & 14386 OF 2021** **24** |129|Murukan S/o Maniyamooppan|Karathoor|0.45| |---|---|---|---| |130|Lakshmanan S/o Palan|Karathoor|1.34| |131|Maruthan S/o Maniyamoopan|Karathoor|0.22| |132|Pazhaniswami S/o<br>Mannan(Maniyamoopan)|Karathoor<br>(Sl.No. 246)|1.43| |133|Nanchan S/o Kali|Vechapathi|2.89| |134|Velli (Vellingiri) S/o Kuppan|Vechapathi|0.62| |135|Vijayalakshmi W/o Murukeshan|Karara|0.45| |136|Sulojana W/o Kunchukuttan|Karara|0.51| |137|Chelli W/o Veeran|Karara|0.51| |138|Kalimuthu S/o Pappan|Karara|0.55| |139|Vinod S/o Kongara|Karara|0.95| |140|Mari D/o Kali|Mele<br>Kakkupadi|0.23| |141|Raman S/o Maruthan|Kathirampathi|0.47| |142|Rangan S/o Annamala|Kathirampathi|0.51| |143|Nanchan S/o Vellakutty|Kathirampathi|1.63| |144|Rangi W/o Chellan|Mettuvazhi|0.30| |145|Mari S/o Mallan|Kallamala|1.74| |146|Masani W/o Rangan|Kallamala|0.27| |147|Dhundan S/o Nanchan|Kallamala|0.37| |148|Pappathi W/o Mannan|Kallamala|0.43| |149|Krishnankutty S/o Rangan|Kallamala|0.08| |150|Rami W/o Rangan|Kallamala|0.15| |151|Kakki S/o Nanchan|Kallamala|0.97| |152|Ayyappan S/o Kara|Kallamala|0.32| |153|Manikyan S/o Krishnan|Edavani|2.43| |154|Vijaya W/o Vella (Late)|Edavani|2.34| |155|Jayan S/o Krishnan|Edavani|1.21| |||Total|**166.30**<br>**(410.93**<br>**acres)**| 17. As already stated, in respect of 740 applications, Record Of Rights has been given to Tribals. Regarding the remaining claims, the present status of Record Of Rights in respect of claims in issue are as follows. |Total applications in issue|429| |---|---| |Applications allowed|225| |Rejected|7| |Rejected as not considered|1| **WP(C).9611 & 14386 OF 2021** **25** |Application pending corrections after Joint<br>verification|24| |---|---| |Joint Survey Pending|17| |Joint Survey pending where Forest Department<br>has pointed out objection on ground of absence of<br>any agricultural practice and occupancy as on the<br>cut off date|155| |**Total**|**429 applications**| 18. As held by this Honorable Court, it is the duty of Government and its authorities, especially the Forest department, to ensure that the forest land is not misutilized by issuing assignment orders/Pattas to persons who are not eligible for the same and if there is any encroachment on forest land, it is for the concerned officers, to ensure that encroachment is removed at the earliest. The Honourable High Court has further directed the Forest department to verify whether appropriate demarcation can be made to the aforesaid habitat depending upon the ground reality involved in the matter. Hence further survey and demarcation of lands is highly essential before assigning Rights on each application/claim in the case of remaining disputed claims. 19. It is further submitted that urgent steps are to be taken to comply with the procedure under the Forest Rights Act and Rules thereunder to ensure that genuine claims for Record Of Rights are processed and recognized while also ensuring that large tracts of virgin forests are not grabbed by ineligible persons under the cover of the Forest Rights Act and Rules thereunder. The Perennial Rivers and other water bodies may be lost forever, if ever green forest lands are assigned to ineligible persons and persons intending to grab lands. Therefore, only genuine applications for Record Of Rights are entertained and consequently ineligible persons including land encroachers and land grabbers are not allowed to grab invaluable forest lands misusing the provisions of the Forest Rights Act.” [[ **WP(C).9611 & 14386 OF 2021** **26** 8. Heard Smt.Daisy A.Philipose, the learned counsel for the petitioner in both writ petitions and Sri.Aravind V. Mathew, the learned Government Pleader for the respondents. 9. The Division Bench of this Court, in **One Earth One Life** _**v**_ **. State of Kerala** [judgment dated 14.07.2015 in W.P.(C) No.35501 of 2009], while disposing of the public interest litigation filed by the petitioner against assignment of forest lands illegally under the guise of implementation of the Forest Rights Act and the Rules, directed the State and the Forest Officials to ensure that no land shall be assigned other than in accordance with the provisions of the aforesaid Act and Rules. Paragraphs 8 to 10 of the said judgment read as under:- “8. There cannot by any dispute regarding the fact that the recognition and vesting of forest rights under the Act to the forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers can only be in respect of forest land. The very concept of the aforesaid statutory provision indicates that forest land can be assigned only with reference to the property in possession of the forest dweller or the tribal, as the case may **WP(C).9611 & 14386 OF 2021** **27** be. It cannot be extended to any other area of forest. In other words, it is not open for the Government to assign any extent of land to the forest dwellers other than the land in their actual possession. When this legal position is clear, we do not think that the Government will have any right to issue any assignment orders or issue pattas based on the minutes of discussion as stated in Ext.P4. 9. It is for the Government and its authorities especially the Forest Department to ensure that the forest land is not misutilized by issuing assignment orders/pattas to persons who are not eligible for the same. If there is any encroachment on the forest land, it is for the concerned officers to ensure that encroachment is removed at the earliest. 10. Therefore, having regard to the limited scope of the above writ petition, we direct the respondent authorities to ensure that no land shall be assigned other than in accordance with the provisions of the Act and the Rules framed thereunder. It is made clear that para 5 of the minutes of the meeting (Ext.P4) shall not enable any person to claim 1 acre of land from the forest area, other than the land in their possession. The forest department shall also verify whether appropriate demarcation can be made to the aforesaid habitats depending upon the ground reality involved in the matter.” 10. In the counter affidavit filed by the DFO, he has categorically denied the allegation of assigning virgin forest lands to ineligible persons under the guise of implementation of the Forest Rights Act. Details of persons, their hamlet, extent of land for which the **WP(C).9611 & 14386 OF 2021** **28** Record of Rights were issued have been stated in the counter affidavit. The status of pending applications is also given. It is stated that the applications for Record of Rights were processed by the DFO only after joint verification by Forest and Revenue Departments as prescribed in Rule 12A of Forest Rights Rules and submitted to the District Level Committee for signing and final issuance of Record of Rights. It is also stated that survey and demarcation of lands will be done before assigning Rights on each application/claim in the case of remaining disputed claims. The affidavit states that urgent steps are being taken to comply with the procedure under the Forest Rights Act and Rules thereunder to ensure that genuine claims for Record of Rights are processed and recognized, while also ensuring that large tracts of virgin forests are not grabbed by ineligible persons under the cover of the Forest Rights Act and Rules thereunder. 11. In the light of the counter affidavit filed by the **WP(C).9611 & 14386 OF 2021** **29** 6[th] respondent, we are of the view that these writ petitions can be disposed of with direction to the respondents to strictly comply with the directions in the judgment dated 14.07.2015 in W.P.(C) No.35501 of 2009 and to ensure that no land shall be assigned otherwise than in accordance with the provisions of the Forest Rights Act and the Forest Rights Rules. The District Level Committee shall not grant Record of Forest Right to the scheduled tribes and other traditional forest dwellers without surveying and demarcating the boundaries of land in their actual possession as on 13[th] day of December, 2005 and without joint verification as per procedure prescribed under Rule 12A of the Forest Rights Rules. The District Level Committee shall also ensure that recognition of rights and issuance of record of rights shall be done only in respect of eligible persons based on the actual extent of land held by the claimant under the Forest Rights Act as on the relevant date, _i.e._ 13.12.2005. **WP(C).9611 & 14386 OF 2021** **30** With these directions, the writ petitions are disposed of. **Sd/-** **S. MANIKUMAR CHIEF JUSTICE Sd/-** **MURALI PURUSHOTHAMAN JUDGE** spc/ **WP(C).9611 & 14386 OF 2021** **31** ## **APPENDIX OF WP(C) 9611/2021** ## PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.35501 OF 2009 DATED 14/7/2015 EXHIBIT P2 A TRUE COPY OF THE LETTER F.NO.12-1/2006-EE DATED 23.09.2010 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS TO THE CHIEF SECRETARIES OF ALL STATES. EXHIBIT P3 A TRUE COPY OF THE LETTER NO.B-6730/2016 DATED 05.02.2020 ISSUED BY DIVISIONAL FOREST OFFICER, MANANRKAD TO THE 7TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF LETTER NO.A3-4062/2016 DATED 02.03.2020 ISSUED BY 5TH RESPONDENT TO THE DIVISIONAL FOREST OFFICER, MANNARKAD. EXHIBIT P5 A TRUE COPY OF THE LETTER NO.B-6730/2016 DATED 10.03/.2020 ISSUED BY DIVISIONAL FOREST OFFICER, MANNARKAD TO THE SUB COLLECTOR, OTTPPALAM ALONG WITH ITS TRANSLATION. EXHIBIT P6 A TRUE COPY OF THE LETTER NO.C2-254/2017 DATED 28.07.2020 ISSUED BY FOREST RANGE OFFICER, ATTAPPADY TO THE SUB COLLECTOR, OTTPPALAM ALONG WITH ITS TRANSLATION. ## RESPONDENT EXHIBITS EXHIBIT TRUE COPY OF JOINT VERIFICATION REPORT OF THE FOREST DEPARTMENT R6(a) EXHIBIT TRUE COPY OF THE LETTER DATED 30/12/2021 SUBMITTED TO 7TH R6(b) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 13/01/2022 SUBMITTED TO 7TH R6(c) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 27/01/2022 SUBMITTED TO 7TH R6(d) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 03/02/2022 SUBMITTED TO 7TH R6(e) RESPONDENT BY DFO.MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 08/03/2022 SUBMITTED TO 7TH R6(f) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 13/04/2022 SUBMITTED TO 7TH R6(g) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 16/06/2022 SUBMITTED TO 7TH R6(h) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 13/07/2022 SUBMITTED TO 7TH R6(i) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE LETTER DATED 01/02/2023 SUBMITTED TO 7TH R6(j) RESPONDENT BY DFO,MANNARKKAD EXHIBIT TRUE COPY OF THE MINUTES DATED 09/12/2021 OF THE DISTRICT LEVEL R6(k) COMMITTEE **WP(C).9611 & 14386 OF 2021** **32** ## **APPENDIX OF WPC 14386/2021** ## PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN WPC N.35501/2009 DATED 14/07/2015. Exhibit P2 A TRUE COPY OF THE LETTER F. NO.12-1/2006-EF DATED 23/09/2010 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS TO THE CHIEF SECRETARIES OF ALL STATES. Exhibit P3 A TRUE COPY OF THE LETTER NO. PC1-1460/19 DATED 06/02/2020 SUBMITTED BY THE ASSISTANT WILDLIFE WARDEN, PEECHI, BEFORE THE 6TH RESPONDENT, WITH ITS TRANSLATION. Exhibit P4 A TRUE COPY OF THE MINUTES OF THE SUB DIVISIONAL LEVEL COMMITTEE MEETING HELD ON 22/06/2020 ALONG WITH ITS TRANSLATION. Exhibit P5 A TRUE COPY OF THE LETTER NO. PW2-3142/2015 DATED 23/01/2021 ISSUED BY THE WILDLIFE WARDEN, PEECHI TO THE DISTRICT COLLECTOR, THRISSUR, ALONG WITH ITS TRANSLATION. Exhibit P6 A TRUE COPY OF THE MINUTES OF THE DISTRICT LEVEL COMMITTEE MEETING HELD ON 25/01/2021 ALONG WITH ITS TRANSLATION. Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED 09/04/2021 IN WPC NO.9611/2021.