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2026 Supreme(Online)(Ker) 5292

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Kadan @ Sivadasan – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Shri.K.S.Madhusoodanan, Sri.M.M.Vinod Kumar, Sri.K.S.Mizver, Shri.M.J.Kirankumar, Sri.P.K.Rakesh Kumar
For the Respondents: Sri.Ashwin Sethumadhavan, Government Pleader, Sri.Mobin Jacob, Sri.T.K.Sandeep, Smt.Rashmi Pathiyil, Sri.K.Padmaraj, Sri.N.Satheesh Kumar(Nemmara), Smt.Vijina K., Smt.Anjali Menon, Sri.John Joseph, Sri.Joyson Sajan, Sri.Arjun Sreedhar, Sri.Arun Krishna Dhan, Sri.Alex Abraham, Sri.John Mathew (Therezhath)

Table of Content
1. grievance regarding land allocation and mismanagement. (Para 2 , 3)
2. arguments concerning responsive governmental action on land restitution. (Para 4 , 5)
3. court's mandate for sympathetic government consideration of tribal land rights. (Para 6 , 7)

JUDGMENT

“i. Call for records connecting Exts.P1 to P12 from the respondents concerned.

iii. Issue writ of mandamus directing the respondents 1 to 5 to implement Exts.P5 decision and P10 to return the land to the member tribes including the petitioners belonging to 420 families coming under Western Ghat Development Scheme, 1975.

v. Issue writ of mandamus directing respondents 1 to 5 to return the land to the persons like the petitioners belonging to 420 families coming under Western Ghat Development Scheme, 1975.”

3. The father of the 1st petitioner Mari was allotted 4 Acres of land by the Land Tribunal as per Ext.P3 and the 1st petitioner has got another 5 Acres of land, that too, as per the order of the Land Tribunal, as evident from Ext.P4. There is total mismanagement and corruption by the office bearers of the 5th respondent, which resulted in heavy loss to the Society leading to registration of criminal cases. Ext.P

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