“No Construction Without Revenue NOC”: Kerala High Court Extends Munnar Restrictions to Parunthumpara and Manjumala, Records “Encroachment of Government Land Must Be Enquired Into”
Isabella Mariam
The Kerala High Court has extended restrictions previously applicable to Munnar to cover additional areas in Peerumedu and Manjumala villages of Idukki District, directing that no construction or land excavation be permitted without prior clearance from the Revenue Department and the respective Panchayat. The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. recorded that the extension was necessary following findings of encroachment on government land and alleged forgery of pattas, as detailed in a report submitted by a Special Investigation Team. The court stated, “No excavation of land or any construction activities shall be permitted… without a No Objection Certificate issued by the Revenue Department and a building permit issued by the concerned Local Self Government Institution.”
In doing so, the Bench expanded the applicability of its earlier order dated 21 January 2010, which had imposed similar restrictions in Munnar, and directed officials to prevent unauthorized construction in the newly identified areas. The court further directed the District Collector and the District Police Chief to ensure that the transportation of construction materials into Parunthumpara is restricted unless court-approved activities are involved.
The matter originated from a public interest litigation filed by One Earth One Life, an environmental organization, which sought judicial intervention to prevent alleged large-scale encroachments, illegal land occupation, and unauthorized construction in various parts of Idukki District. The petitioners specifically flagged the unregulated activities taking place in Devikulam, Udumbanchola, and Peerumedu Taluks.
In 2010, the High Court, through a Division Bench order dated 21 January 2010, had restricted construction and land-related activities in Munnar, making them subject to obtaining a No Objection Certificate (NOC) from the Revenue Department and a building permit from the Panchayat. The court also directed enforcement authorities, including revenue, forest, and police officials, to ensure compliance.
Subsequent proceedings revealed further issues across other regions in Idukki District. The State of Kerala, through various affidavits and reports, informed the court about serious irregularities, including forged pattas allegedly issued to facilitate illegal encroachments on government land.
Based on these submissions, the Kerala High Court had previously directed the formation of a Special Investigation Team (SIT) to investigate these allegations. The SIT, headed by a senior IPS officer and comprising revenue and police officials, was tasked with identifying the extent of encroachment and determining whether public officials were complicit in the issuance of fraudulent pattas.
The SIT’s report, submitted to the court, highlighted that approximately 624.84 acres in Survey No.534 of Peerumedu Village and 9,875.96 acres in Survey No.441 of Manjumala Village had been encroached upon. The SIT also reported instances of pattas issued without lawful authority.
In its response, the State of Kerala submitted that a district-wide digital survey was underway, including verification of thandapper registers, to reconcile discrepancies in land records and identify encroachments.
The petitioners contended that the illegal encroachments and forgery of revenue records have led to unregulated urbanization in ecologically fragile zones, worsening environmental degradation and causing irreversible damage to the ecosystem of Idukki District.
The State further informed the court that an administrative team had been established under the Tahsildar to support the ongoing verification and investigation process, in compliance with earlier directions issued by the High Court’s Special Bench.
The Division Bench, after considering the SIT’s findings, recorded, “The Special Investigation Team has prepared a report regarding encroachment of Government land, forgery of patta, etc., at Parunthumpara in Peerumedu and Manjumala Villages of Peerumedu Taluk in Idukki District.”
The court observed that the gravity of the findings necessitated a wider application of its 2010 restrictions. The Bench recorded, “We deem it appropriate to extend the restrictions imposed by the orders of this Court dated 21.01.2010, in Munnar, to Parunthumpara in Peerumedu and Manjumala Villages.”
The court further noted that the land identified in the SIT’s report falls under the jurisdiction of Peerumedu Grama Panchayat and Vandiperiyar Grama Panchayat. Accordingly, these local bodies, along with revenue and police officials, were directed to ensure that no unauthorized construction or excavation occurs on the specified lands.
The Division Bench also referred to earlier orders constituting the SIT, where the court had directed the team to investigate not only the encroachment but also the complicity of public officials. The court recorded, “A Special Investigation Team is constituted… to enquire and investigate the nature of involvement of public officials in forging the patta to grab Government lands, including any gratification in any form they received.”
The Bench noted the submissions of the Special Government Pleader that teams consisting of revenue officials, police personnel, and survey staff have been appointed to assist in verifying the authenticity of land records and pattas, as mandated by prior judicial orders.
The court observed that its earlier directions regarding verification of pattas, maintenance of thandapper registers, and inquiry into alleged encroachments continue to be applicable and binding on all concerned officials.
The Division Bench passed the following directives, recording, “The District Collector, Idukki, through the concerned Revenue officials, the District Police Chief, Idukki, through the concerned Police officials, and the Secretaries of Peerumedu Grama Panchayat and Vandiperiyar Grama Panchayat shall ensure that no construction activity takes place in the aforesaid survey numbers in Peerumedu and Manjumala Villages without a No Objection Certificate issued by the Revenue Department and building permit issued by the concerned Local Self Government Institution.”
The court also directed that no construction materials should be transported to Parunthumpara in Peerumedu Village unless covered by prior judicial permissions. The District Collector and District Police Chief were instructed to maintain law and order and assist in the enforcement of this directive.
Further, the court recorded that any additional measures required for enforcing these directions shall be addressed through further orders, and listed the matter for continued monitoring on 13 March 2025.
Case Title: One Earth One Life v. State of Kerala and Others
Neutral Citation: 2025:KHC:5472
Case Number: WP(C) No.1801 of 2010(S)
Bench: Justice Anil K. Narendran, Justice Muralee Krishna S.
[Read/Download order]
