Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE6H DAY OF NOVEMBER201315TH KARTHIKA, 1935 WP(C).No. 25526 of 2013 (M) ---------------------------- PETITIONER : -------------------- K.V.THOMAS S/O. VARGHESE, CHEERANCHIRA, KIZHAKKEKUTTU MUNDUR PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S) : ---------------------------- 1. STATE OF KERALA REP. BY PRINCIPAL SECRETARY (FOREST AND WILDLIFE) GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. CUSTODIAN OF VESTED FOREST, ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE PALAKKAD-678004.
3. VILLAGE OFFICER, MUNDUR VILLAGE, PALAKKAD-678004. R1 & R2 BY SPECIAL GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY R3 BY GOVT. PLEADER SMT. K.T.LILLY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0611-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25526 of 2013 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ----------------------------------------- EXT. P1. TRUE COPY OF JUDGMENT
DATED284-1981. IN OA1791979. EXT. P2. TRUE COPY OF JUDGMENT
DT. 17-3-1987 IN MFA5541981. EXT. P3. TRUE COPY OF DECREE DT. 18-7-2006 IN OS2662003 BY MUNSIFF COURT, PALAKKAD. EXT. P4. TRUE COPY OF EP1952010 IN OS2662003 OF MUNSIFF COURT PALAKKAD DT. 17-5-2010. EXT. P5. TRUE COPY OF DELIVERY REPORT IN EP1952010 DT. 10-8-2010. EXT. P6. TRUE COPY OF REQUEST DT. 20-10-2012 BY PETITIONER TO2D RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn P.R.RAMACHANDRA MENON, J ----------------------------------------------- W.P(C) No. 25526 of 2013 ------------------------------------------------ Dated this the 6th day of November, 2013
JUDGMENT
Petitioner is the owner of the property having an extent of 2 acres and 90 cents covered by the documents bearing Nos.1994/1990 and 1995/1990 of SRO Parali. The said property was in fact subject matter of the proceedings before the Forest Tribunal, Palakkad in O.A.No.179/1979 when it was remaining in the hands of the predecessor-in-interest. The Forest Tribunal allowed the application vide order dated 28.4.1981 and the appeal preferred against the same came to be dismissed. It was thereafter, that the property was purchased by the petitioner who was enjoying the same as the absolute owner and with exclusive possession and clear title. Inspite of the favourable verdict passed by the Forest Tribunal and by this Court in appeal, the property was not restored, which made the petitioner to approach the Munsiff's Court, Palakkad by filing O.S.No.266/2003, which was decreed on 18.7.2006. A.S.No.219/2007 filed therefrom was dismissed and thereafter, delivery was effected, pursuant to filing of E.P No.195/2010. Inspite of the finalisation of the proceedings as above, when the petitioner approached the 3rd W.P(C) No. 25526 of 2013 2 respondent for remitting the tax in respect of the said property, that was refused to be accepted, stating that the property was still to be restored by the Forest Department. This made the petitioner to approach this Court by filing this writ petition.
2. A statement has been filed on behalf of the 2nd respondent (shown as 3rd respondent by mistake). The stand of the Forest Department is discernible from paragraphs 8 and 9, which are extracted below. "8. It is submitted that Government Have ordered restoration of the property involved in the above O.A- 179/79 as per letter No.11626/E2/97F&WLD dated 28.8.1998. While the formal restoration of the property was pending, the petitioner approached the Hon'ble Munsiff Court, Palakkad by filing O.S.No.266/2003 and obtained decree in his favour and obtained possession of the property on 10.8.2010 as per Order in E.P. 195/2010. What remained was only a formal restoration of the property as per the survey sketch by the Custodian of Vested Forest, in accordance with the provisions of the Kerala Private Forests (Vesting & Assignment) Act, 1971. The possessions and entitlement of the property has been settled in favour of the petitioner by the decisions in O.S.- 266/2003 & EP-195/2010. The petitioner is in possession and enjoyment of the property as per the above Order. Therefore, no further restoration is required.
9. Since the property has been ordered to be restored by the Government and restoration has been effected by the order in E.P-195/2010 and the property was taken possession by the petitioner on 8.10.2010, the Forest Department has no objection in the petitioner enjoying the property and the 3rd respondent accepting land tax for the above property in the name of the petitioner." W.P(C) No. 25526 of 2013 3 3. In view of the categoric stand taken by the Forest Department that they do not have any objection with regard to the acceptance of the tax from the petitioner and that the property has already been restored, there will be a direction to the 3rd respondent to accept the land tax from the petitioner in respect of the above property, as and when the same is rendered. The writ petition stands allowed to the said extent. No costs. P.R.RAMACHANDRA MENON JUDGE ab