The case highlighted the rights of scheduled tribes under the Forest Rights Act and the procedural obligations of authorities in addressing grievances.

The above writ petition is filed with following prayers :

“i.

Issue a writ of mandamus or any other appropriate writ or order or direction commanding the 3rd respondent to take action on the recommendations of the Kuttampuzha Gramapanchayath as per Ext.P3. ii.

Issue a writ of Mandamus or any other writ or order of direction, directing the 4th and 5th respondents to hand over the properties to the petitioners, which were taken by them by force during 1986-87 forthwith.

iii.

Issue a writ of Mandamus or any other writ or order of direction, directing the respondents not to assign or divert the land taken from the petitioners for any other purpose.

iv.

To grant such other reliefs as this Hon'ble Court may deem fit, just and proper in the interest of justice.” [sic]

2. The petitioners are forest dwelling scheduled tribes, residing in Elamplassery Tribal settlement in Kuttampuzha Village, Kothamangalam Taluk, Ernakulam District is the submission. They belong to Hindu Muthuvan Community, which is included in the list of Scheduled Tribes. The petitioners and their forefathers are residing in the Elamplassery Tribal settlement for generations and are living in small houses constructed with bricks and bamboo leaves and cultivates paddy, tapioca, ginger, coffee, pepper and plants jack tree, cashew nut and coffee plants etc. It is submitted that the petitioners being forest dwelling scheduled tribes live in the interior reserve forests, and depend mainly on forest produce for their livelihood and are protecting the reserve forest along with forest officials. According to the petitioners, they are having 10 acres of land in their possession. During 1986-87, the 4th and 5th respondents along with their sub- ordinates trespassed into the property of the petitioners and cut and removed the cultivations made by the petitioners and evicted them forcibly from half of their properties and put jandas therein is the submission. According to the petitioners, they are entitled the benefit of Sec.3 of the Scheduled Tribes and other forest traditional dwellers (Recognition of Forest Dwelling) Act, 2006 and have the right to hold and live in the forest land under the individual or common occupation for habitation or for self cultivations and for livelihood. It is submitted that the petitioners being illiterate and unorganised could not resist the illegal activities of 4th and 5th respondents.

Even though representations were submitted before the Chief Minister and other authorities, they have not taken any action is the submission. It is also submitted that the Forests Rights Committee of the Kuttampuzha Gramapanchayat visited the properties of the petitioners and were convinced that the claim of the petitioners are genuine and correct and recommended to the Grama Panchayat to take further action. The Kuttampuzha Grama Panchayat forwarded the same as per Ext.P3, but the 3rd respondent has not taken any action. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned Government Pleader.

4. After hearing the counsel for the petitioners and also going through the pleadings in the writ petition, I think this is a matter which is to be considered by the 2nd respondent. The petitioner can be allowed to file a representation before the 2nd respondent and the 2nd respondent will consider the same, in accordance with law, after giving an opportunity of hearing to a representative of the petitioners.

Therefore, this writ petition is disposed of with the following directions :

1) The petitioners are free to submit appropriate representation before the 2nd respondent, narrating the grievance raised in this writ petition within 30 days from the date of receipt of a certified copy of this judgment.

2) If such a representation is received, the 2nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to one of the representative of the petitioners, as expeditiously as possible, at any