Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 WP(C).No. 174 of 2014 (V) -------------------------- PETITIONER(S): -------------------------- RAJAN, S/O.CHATHAI, PADAYETTI HOUSE, ERUMAYOOR P.O., PIN-678 546, ERUMAYOOR-I VILLAGE, ALATHUR TALUK, PALAKKAD. BY ADVS.SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENT(S): ---------------------------- 1. THE PRINCIPAL CHIEF FOREST CONSERVATOR, THIRUVANANTHAPURAM.
2. THE SECRETARYTO GOVERNMENT, FOREST WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. WORKING PLAN OFFICER, OLAVAKKOD P.O., PALAKKAD - 678 002.
4. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD - 678 002. BY SPL. GOVT. PLEADER (FORESTS)SRI.M.A.THOMASKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 174 of 2014 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- P1: TRUE PHOTOCOPY OF THE ORDER
IN O.A.NO.467/76 PASSED BY THE FOREST TRIBUNAL, PALAKKAD DATED301.1980. P2: TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY PETITIONER DATED221.2010. P3: TRUE PHOTOCOPY OF THE REPORT OF DIVISIONAL FOREST OFFICER DATED2411.2011. P4: TRUE PHOTOCOPY OF THE REPORT PREPARED BY THE FOREST WORKING PLAN OFFICER, PALAKKAD DATED2411.2011. P5: TRUE PHOTOCOPY OF THE REPRESENTATION IS FILED BEFORE THE PRINCIPAL CHIEF FOREST CONSERVATOR DATED2110.2013. P6: TRUE PHOTOCOPY OF THE DOCUMENT PRODUCED BY THE PETITIONER BEFORE THE1T RESPONDENT DATED810.2013. P7: TRUE PHOTOCOPY OF THE JUDGMENT
IN OA NO.439/76 OF FOREST TRIBUNAL PALAKKAD DATED236.1979. P8: TRUE PHOTOCOPY OF THE ORDER
IN I.A.NO.281/1990 OF FOREST TRIBUNAL PALAKKAD DATED251.1991. P9: TRUE PHOTOCOPY OF THE BASIC TAX REGISTER DTD.8.10.13. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 174 of 2014 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd day of January, 2014 JUDGMENT
The petitioner has approached this Court with the following prayers : "i. Issue a direction to the Principal Chief Forest Conservator to ascertain whether properties lying in wester and southern boundaries of the petitioner's property are the part of Kuthannur -Vavulliapuram vested forest in Item No. 169, 177, 182 by perusing the periphery sketch and calling for a report of the Surveyor through the Divisional Forest Officer, Nenmara. ii. To call for a report from the Taluk Surveyor through the Senior Superintendent RDO Palakkad about the nature of the property of the southern and western boundary of the petitioner's property. iii. Issue any other appropriate order or direction which this Hon'ble Court deems fit and proper in the nature and circumstances of the case.
2. The learned counsel for the petitioner submits that the grievance projected in this Writ Petition has also been highlighted in Ext. P5 and that the petitioner will be satisfied, if a direction is given W.P.(C) No. 174 of 2014 :
2. : to the first respondent to consider and pass appropriate orders on Ext. P5 representation within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of relief sought for, this Court does not find it necessary to adjudicate the matter on merits. The Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P5 representation, in accordance with law, after giving an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd