Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 WP(C).No. 21583 of 2012 (W) --------------------------------------- PETITIONER(S): -------------------------- MATHAI S/O OUSEPH, AGED 6 YEARS, MANAPPATTU HOUSE, PATHAR P.O. NILAMBUR, MALAPPURAM DIST. BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S): ---------------------------- 1. FOREST RANGE OFFICER NILAMBUR FOREST RANGE, NILAMBUR P.O.-679 330.
2. VILLAGE OFFICER, KURAMBILANGADU VILLAGE KURAMBILANGADU P.O. NILAMBUR TALUK-679 330. BY SRI.M.A.THOMASKUTTY, SPL.GP FOR FOREST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.21583/12-W APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: A TRUE COPY OF THE PURCHASE CERTIFICATE DATED 21 12.1982, ISSUED BY THE LAND TRIBUNAL NILAMBUR. EXHIBIT P2: A TRUE COPY OF THE RECEIPT DATED 4 5.2012 EVIDENCING PAYMENT OF THE LAND TAX. EXHIBIT P3: A TRUE COPY OF THE RECEIPT DATED 4 5.2012, EVIDENCING PAYMENT OF THE CONTRIBUTION TO THE AGRICULTURAL LABOUR WELFARE FUND BOARD. EXHIBIT P4: A TRUE COPY OF THE NOTICE DATED 1 9.2012 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : ANNEXURE- TRUE COPY OF NOTIFICATION NO.82055/FS2-1/76 AD DATED 11 01.1977 R1(A) ANNEXURE- TRUE COPY OF LETTER NO.L.R.(K)23193/12 DATED 25 6.2012 OF THE R1(B) COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. ANNEXURE- TRUE COPY OF JUDGMENT OF THIS COURT DT.15.6.2009 IN WP(C).16309/07 R1(C) ANNEXURE- TRUE COPY OF ORDER DT.108.2011 IN OP.18467/02 R1(D) okb. //true copy// P.A. to Judge P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P. ) No.21583 OF 201.......................................................................... Dated this the 30th January, 2013 JUDGMENT
The petitioner is stated as aggrieved of Ext.P4 notice issued by the first respondent alleging that he is a trespasser having retained the possession of the property encroaching into the Forest Land.
2. The learned Counsel for the petitioner submits that there is absolutely no basis for having issued Ext.P4 and that the petitioner is in occupation of 3.25 acres of land which originally belonged to Nilambur Kovilakam, as assigned by Ext.P1 Purchase Certificate issued under the Land Reforms Act.
3. When the matter came up for consideration before this Court on 18.09.2012, the writ petition was admitted also granting interim stay, which was extended as per different orders passed thereafter.
4. The learned Government Pleader appearing for the respondents submits that Ext.P1 purchase certificate was never produced before the first respondent .
5. Going by the facts and figures as revealed from the pleadings and proceedings, this Court finds that the matter has W.P. ) No.21583 OF 201.2 necessarily to be considered by the first respondent, also with reference to Ext.P1 Purchase Certificate obtained by the petitioner.
6. In the above circumstances, the petitioner shall file an explanation before the first respondent referring to the sequence of events in response to Ext.P4 notice, also producing copies of the relevant documents including Ext.P1. It shall be considered and finalised in accordance with law by the first respondent, after affording an opportunity of hearing to the petitioner, at the earliest, at any rate, within a period of two months from the date of production of a copy of the judgment. Interim order will continue till such time. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk