Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.R. RAMACHANDRA MENON THURSDAY, THE3D DAY OF OCTOBER201311TH ASWINA, 1935 WP(C). No. 20141 of 2013 (P) ---------------------------- PETITIONER: ------------------ KASU EZHUMKATTIL HOUSE, NECHOOR P.O., THOLANUR VILLAGE ALATHUR TALUK, PALAKKAD BY ADV. SRI. P. BABU KUMAR RESPONDENTS: ---------------------- 1. CHIEF CONSERVATOR OF FOREST & CUSTODIAN OF VESTED FOREST, EASTERN CIRCLE, OLAVAKKODE-678 002.
2. DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD - 678 508 3. FOREST RANGE OFFICER, ALATHUR RANGE, ANAKKAPARA, PALAKKAD686633 4. ASSISTANT DIRECTOR, FOREST MINI SURVEY, KOZHIKODE - 6 BY SPECIAL GOVERNMENT PLEADER (FORESTS) SRIO. M.A. THOMASKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20141 of 2013 (P) APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXT.P1 - COPY OF THE ORDER
IN OA NO. 196/1976 PASSED BY THE FOREST TRIBUNAL PALAKKAD DTD1702-1979 EXT.P2 - COPY OF THE NOTICE ISSUED BY THE PETITIONER DATED2604-2006 EXT.PP3 - COPY OF THE APPLCIATION SUYBMITTED BEFORE THE2D RESPONDENT DATED231-2007 EXT.P4 - COPY OF THE LETTER SENT BY THE3D RESPONDENT TO THE2D RESPONDENT DATED2911-2011 EXT.P5 - COPY OF THE LETTER SENT BY THE3D RESPONDENT DATED93-2009 EXT.P6 - COPY OF THE RECOMMENDATION SUBMITTED BY THE3D RESPONDENT DATED251-2011 EXT. P7H - COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR PALAKKD DATED2511.2011. EXT.P8 - COPY OF INTIMATION ISSUED BY THE2D RSPONDENT TO THE PETITIONER DATED111-2011 EXT.P9 - COPY OF THE LETTER SENT BY THE2D RESPONDENT TO THE4H RESPONDENT DATED1208-2010 EXT.P10 - COPY OF THE LETTER ISSUED BY THE1T RESPONDENT DATED231-2009 RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.C.No.20141 OF2013--------------------------------------- Dated this the 3rd day of October, 2013. JUDGMENT
The property having an extent of 39 cents of land, covered by Document No.1393/1983 of the S.R.O., Alathur, was the subject matter in O.A. No.196/1976, wherein Ext.P1 order was passed by the Forest Tribunal, Palakkad on 17.02.1979 and it was thereafter, that the property was purchased by the petitioner. In spite of the specific order passed by the Tribunal, for effecting restoration of the property, it is still to be finalised and hence the writ petition.
2. The learned counsel for the petitioner submits that, the petitioner is finding it very difficult to enjoy the property in an effective manner, because of the lapses on the part of the respondents, which hence is sought to be interfered by this Court.
3. The learned Government Pleader appearing for the respondents submits that, various procedural formalities have to W.P.C.No.20141 OF20132 be completed and that steps are being taken in this regard. A statement has been filed on behalf of the 3rd respondent, paragraphs 4,5 and 6 of which read as follows:- "4. It is submitted that the survey sketch in respect of the land involved in OA No.196/76 is not obtained so far. The Assistant Director, Forest Mini Survey, Kozhikode has been reminded in this regard. Only after obtaining the survey sketch, the land can be identified in the filed and necessary restoration proposal can be prepared.
5. It is submitted that immediately on receipt of the survey sketch this respondent will identify the land and submit necessary restoration proposal to the Divisional Forest Officer, Nemmara.
6. It is submitted that the restoration proposal will be forwarded to the Divisional Forest Officer, Nemmara. After scrutiny at the Division level, the proposal will have to be forwarded to the Custodian of Vested Forests and Chief Conservator of Forests. After verification in the office of the Custodian, the proposal has to be submitted to the Additional Principal Chief Conservator of Forests, Northern Region for onward transmission to the Government. The Government has to approve the restoration proposal. Only after obtaining Government sanction, the land can be formally restored to the applicant or his legal heirs." 4. After hearing both the sides and also considering the facts and circumstances, the respondents are directed to complete the steps/procedure for redressal of the grievances of the petitioner, which shall be done at the earliest, at any rate, within 'six months' from today. W.P.C.No.20141 OF20133 The writ petition stands allowed to the said extent. No costs. P.R. RAMACHANDRA MENON, JUDGE sp