Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE25H DAY OF FEBRUARY20146TH PHALGUNA, 1935 WP(C).No. 5548 of 2014 (P) --------------------------- PETITIONER(S): -------------------------- PRIYAN, AGED52YEARS, S/O.RAGHAVAN, KUNNATHUVALAPPIL HOUSE, ASARIKAD.P.O., THRISSUR. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): ---------------------------- 1. SPECIAL TAHSILDAR, LAND ASSIGNMENT, UNIT NO.2, THRISSUR-680 001.
2. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR-680 001.
3. SECRETARY TO THE GOVERNMENT, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SR. GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2502-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5548 of 2014 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE PATTA NO.B4-4133/99A DATED1911.2003. P2- TRUE COPY OF THE REPRESENTATION DATED71.2014 SUBMITTED BY THE PETITIONER BEFORE THE1T RESPONDENT. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J.
=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.5548 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of February, 2014 JUDGMENT
The petitioner, an agriculturist, obtained 0.6070 hectares of land as per Ext.P1 patta dated 19.11.2003 issued under the Kerala Land Assignment (Regulation of Occupation of Forest Lands Prior to 01.01.1997) Special Rules, 1993. The validity of the aforesaid Rules was under challenge in O.P.No.14276 of 1993, which was dismissed by a Full Bench of this Court as per judgment delivered on 7.10.1999. The petitioner in O.P.No.14276 of 1993 thereupon moved the Apex Court by filing Civil Appeal No.2116 of 2000. It was during the pendency of the said appeal that Ext.P1 patta was issued with an endorsement that it will subject to the decision of the Apex Court. Civil Appeal No.2116 of 2000 was heard and dismissed by the Apex Court as per judgment delivered on 20.3.2009 in Nature Lovers Movement v. State of Kerala & Others [JT2009(5) SC127. In this writ petition the petitioner prays for an order directing the first respondent to strike off the endorsement in Ext.P1 to the effect that it is subject to the decision of the Supreme Court. It is W.P.(C)No.5548 of 2014 2 contended that as the Apex Court has dismissed the appeal filed by the petitioner in O.P.No.14276 of 1993 and upheld the validity of the Kerala Land Assignment (Regulation of Occupation of Forest Lands Prior to 01.01.1997) Special Rules, 1993, the endorsement on the patta is liable to be cancelled.
2. When the writ petition came up for hearing today, Sri.K.C.Vincent, learned Senior Government Pleader appearing for the official respondents submitted that this Court has in identical circumstances disposed of W.P.(C)No.25783 of 2013 with a direction to the first respondent Special Tahsildar to delete the endorsement in the patta and to issue a corrected patta in the name of the petitioner. A copy of the said judgment was made available before me for perusal. In such circumstances, I dispose of the writ petition with a direction that in the event of the petitioner surrendering the original of Ext.P1 patta before the first respondent Special Tahsildar along with a copy of this judgment, the first respondent Special Tahsildar shall issue a patta without the aforesaid endorsement, but containing the same terms and stipulations as in Ext.P1. Needful in the matter shall be done and a fresh patta issued expeditiously and in any event within one month from the date on which the petitioner W.P.(C)No.5548 of 2014 2 surrenders the original of Ext.P1 patta along with a copy of this judgment. Sd/- P.N.RAVINDRAN JUDGE vpv