WP(C) No.

36141/2023 1/8

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 3rd day of November 2023 / 12th Karthika, 1945
IA.NO.1/2023 IN WP(C) NO. 36141 OF 2023(S)
APPLICANTS/PETITIONERS:

1. CHELLAPPAN, AGED 60 YEARS, S/O. RAVI, KURATHIKKUDI KARA, MANKULAM,

ADIMALI PANCHAYAT, IDUKKI DISTRICT, PIN - 685 561.
2. MANI, AGED 62 YEARS, S/O. THOMAS, POOVATHINKAL HOUSE, MANKULAM,
IDUKKI DISTRICT, PIN - 685 565.
3. SIBIKUTTAN, AGED 37 YEARS, S/O. GOPI, NELLICKAL HOUSE,
VELIYAMPARA, SETTLEMENT COLONY, MANKULAM, IDUKKI DISTRICT, PIN -
685 565.
4. SHAJI, S/O.KUNJAN, AGED 45 YEARS, PAYYANICKAL HOUSE, KUTTAMPUZHA,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 681.
5. BABU, S/O.KURIAN, AGED 49 YEARS, KIZHAKKEDATHU HOUSE, MANKULAM,
IDUKKI DISTRICT, PIN - 685 565.
6. MOHANDAS, S/O ARUMUKHAM, AGED 52 YEARS, VICE PRESIDENT,
EDAMALUKUDI GRAMA PANCHAYAT, MEENKULAKUDI, EDAMALAKUDI, IDUKKI
DISTRICT, PIN - 685 612.
7. ANTONY, S/O THOMAS, AGED 50 YEARS, THARAPPEL HOUSE, MANKULAM ,
IDUKKI DISTRICT, PIN - 685 565.
8. JEEVAN, AGED 63 YEARS, S/O CHANDRAN, KANNATHU HOUSE, MAMALAKANDAM
P.O, ERNAKULAM DISTRICT, PIN - 685 561.

RESPONDENTS/RESPONDENTS:

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. THE PUBLIC WORKS DEPARTMENT (PWD), REPRESENTED BY ITS SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
4. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, PWD OFFICE,
MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 661.
5. SECRETARY TO DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
6. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO MINISTRY OF
FOREST, ENVIRONMENT AND CLIMATE CHANGE, REGIONAL OFFICE SOUTHERN
ZONE, KENDRIYA SADAN, 4TH FLOOR, E AND F WINGS, MAIN ROAD, 3RD
BLOCK, G, BANGALORE, KARNATAKA STATE - 560 034.
7. DEPUTY CONSERVATOR OF FOREST, KENDRIYA SADAN, 4TH FLOOR, E AND F
WINGS, MAIN ROAD, 3RD BLOCK, KORAMANGALA, BANGALORE, KARNATAKA
STATE - 560 034.
8. PRINCIPAL CHIEF CONSERVATOR OF FOREST, OFFICE OF THE PRINCIPAL
CHIEF CONSERVATOR OF FOREST (WP & R), FOREST HEAD QUARTERS,
VAZHUTHAKADU, THIRUVANANTHAPURAM - 695 014.
WP(C) No.36141/2023 2/8

9. DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, MALAYATTOOR,

KODANAD, ERNAKULAM DISTRICT - 683 544.
10. DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, MANKUAM,
VIRIPARA, IDUKKI DISTRICT - 685 565.
11. THE CHIEF CONSERVATOR OF FOREST, FOREST HIGH RANGE CIRCLE OFFICE,
KOTTAYAM DISTRICT, PIN - 686 016.
12. MANKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MANKULAM
GRAMA PANCHAYAT, MANKULAM, IDUKKI DISTRICT - 685 565.
13. ADIMALI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ADIMALI
GRAMA PANCHAYAT, IDUKKI DISTRICT - 685 561.
14. KUTTAMPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
KUTTAMPUZHA GRAMA PANCHAYAT, KOTHAMANGALAM, ERNAKULAM DISTRICT -
686 681.
15. EDAMALAKKUDI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
EDAMALAKKUDI GRAMA PANCHAYAT, IDUKKI DISTRICT, PIN - 685 612.
16. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MUNNAR, DEVIKULAM,
IDUKKI DISTRICT, PIN - 685 613.
17. REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, T.C
86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9, PETTAH P.O,
THIRUVANANTHAPURAM, KERALA - 695 024.
18. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,
VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT - 695 004.
19. KERALA INFRASTRUCTURE INVESTMENT DEVELOPMENT BOARD (KIIFB),
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 2ND FLOOR, FELICITY
SQUARE BUILDING, THIRUVANANTHAPURAM, PIN - 695 001.
20. DIRECTORATE OF SCHEDULE TRIBES DEVELOPMENT DEPARTMENT, REPRESENTED
BY ITS DIRECTOR, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN
- 695 003.

Application praying that in the circumstances stated in the

affidavit filed therewith the High Court be pleased to allow to depute a
Commission Advocate for determining the under mentioned matters.

1. Present position of 6th mile – Kurathikudi

road its distance.

2. Whether any stage carriage buses are plying

through the 6th mile – Elamplassery road.

3. To determine the road from Kuttampuzha - Urulanthanni

via Manmalakandam to Elamplassery.

4. Whether the above road is the shortest road for the

general public to access Kothamangalam from Mankulam,

Kurathikudi,Elamplassery etc.
WP(C) No.36141/2023 3/8

5. Whether the forest official are causing any hindrance

for the general public to travel through the

Elamplassery – Kurathikudiroad

by the erection of a check post.

6. To determine the present position of the road starting

from Elamplassery to Kurathikudi and its distance.

7. How many Kilometers road is passing through the Kurathikudi

Tribal Settlement Colony and whether the major portion of the

said road is concreted and also to report whether agricultural

land is on the either side of the road

passing through Kurathikudy tribal settlement colony and

also ascertains the width of the road which is

passing through the above colony.

8.To determine the distance of the road lying through the

forest from Avarkutty to Elamplassery and to measure the exact

width of the road in different parts from

Averkutty to Elamplassery.

9. To determine whether, on the basis of Ext.P10 is it possible

to lay paver blocks utilzing 5.5 meters width in

Elamplassery – Kurathikudy road.

10. To determine whether if the above road is laid with paver

blocks utilizing a width of 5.5. meters, whether any forest

tree is required to be cut and removed.

11. To determine whether, at present there is any obstruction

to ply jeep and tippers through the Elamplassery – Kurathikudy

road and if maintenance is done will it be possible

to ply the above vehicles.

WP(C) No.36141/2023 4/8

12. To determine the Google Map distance from

Kurathikudi to Kothamangalam Via Mankulam and Adimali.

13. To determine the Google Map distance from Kurathikudi

to Kothamangalam Via 6th mile.

14. To determine the Google Map distance from

Kurathikudi to Kothamangalam via Mamalakandam -

Kuttampuzha – Thattekad.

15. Whether any construction activity is taking place

in the old Aluva Munnar road from

Perumbankuthu –Kurathikudi.

16. To determine whether construction activity is done

by the Kerala State Electricity Board (KESB)

in Kurathikudi.

17. To determine whether an old bridge is situated at

Perumpankuthu and a new bridge has been constructed

parallel to the old bridge.

18. To determine the Google Map distance from

Kurthikudi to Mankulam.

19 Prepare a rough sketch showing the 6th mile

to Kurathikudi road and also Mamalakandam to

Kuttampuzha road via Urulanthanni.

20. Prepare a rough sketch of the 6th mile – Kurathikudi road

passing through Pazhampallichal, Mamalakandam,

Elamplassery, Avarkutty.

21. To report about the description and measurement of

Elamplassery – Kurathikudi road.

P.T.O
WP(C) No.36141/2023 5/8

22. To report such other matters as pointed out by the

petitioners at the time of inspection and also to report

relevant matters as required by the Commission Advocate.

Application coming on for orders upon perusing the application and

the affidavit filed in support thereof, upon hearing the arguments
of M/S.MATHEW DEVASSI, A.C.DEVASIA, ANCY MATHEW & ANANTHAKRISHNAN A.
KARTHA, Advocates for the petitioners in IA/WP(C), GOVERNMENT PLEADER for
R1 to R5 & R16 in IA/WP(C), DEPUTY SOLICITOR GENERAL OF INDIA for R6 in
IA/WP(C), SPECIAL GOVERNMENT PLEADER for R7 TO R11 in IA/WP(C), SRI.JOICE
GEORGE, Advocates for R12 in IA/WP(C), STANDING COUNSEL for R13 TO R15 &
R17 to R20 in IA/WP(C), Adv. SUJINI.S, ADVOCATE COMMISSIONER, the court
passed the following:
WP(C) No.36141/2023 6/8

A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.

..................................................
I.A.No.1/2023 in W.P.(C) No.36141 of 2023
..................................................
Dated this the 3rd day of November, 2023

O R D E R
A.MUHAMED MUSTAQUE, J
Admit. Learned Government Pleader takes notice for R1

to R5 and R16. Learned Deputy Solicitor General of India

takes notice for R6. Learned Special Government Pleader

takes notice for R7 to R11. Learned Standing Counsel takes

notice for R12 to R15 and R17 to R20.

2. The grievance raised by the petitioner in this

writ petition is with regard to the obstruction caused to a

portion of the road from Elamplassery – Kurathikkudi due to

erection of check posts by the Forest officials. The

application for appointing an Advocate Commissioner has been

filed vide I.A.No.1/2023.

3. Having considered the request for appointing an

Advocate Commission to report about the matters referred to

in the IA, and taking note of the interest of general public,

this Court is of the view that an Advocate Commissioner is

to be appointed. Accordingly, we order that Adv.Sujini.S

is appointed as Advocate Commissioner to file a report in

the matter touching upon the aspects mentioned in the

aforesaid application for Commission. An amount of
WP(C) No.36141/2023 7/8
I.A.No.1/2023 in W.P.(C) No.36141 of 2023
2

Rs.50,000/- (Rupees Fifty Thousand Only) shall be paid to

the Advocate Commissioner by the petitioners.

4. The Advocate Commissioner is also directed to file

an interim report as to the use of the road by the general

public. That interim report shall be filed within one week

in the light of the prayer made by the learned Counsel for

the petitioners. In the meanwhile, there shall not be any

obstruction caused to the road for the usage of general

public.

This order is passed taking note of the submission made

by the learned Standing Counsel for the Mankulam Grama

Panchayat that such a road is being used by the general

public.

Sd/-

A.MUHAMED MUSTAQUE
JUDGE

Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK

03-11-2023 /True Copy/ Assistant Registrar

WP(C) No.36141/2023 8/8

APPENDIX OF WP(C) 36141/2023

Exhibit P10 TRUE COPY OF THE INTIMATION LETTER ISSUED BY THE 4TH
RESPONDENT TO THE 10TH RESPONDENT DATED 07/06/2022

03-11-2023 /True Copy/ Assistant Registrar