Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE3D DAY OF APRIL201413TH CHAITHRA, 1936 WP(C).No. 8996 of 2014 (Y) --------------------------- PETITIONER(S): ----------------------- 1. T.T. THANKACHAN, AGED47YEARS, S/O.THOMAS, THEKKEL HOUSE, PUTHUMALA P.O., ELAVAYAL, WAYANAD DISTRICT.
2. K.M.JOHN, AGED61YEARS, S/O.MANI, KARIMKULATHIL HOUSE, PUTHUMALA P.O., ELAVAYAL, WAYANAD DISTRICT.
3. K.M.THAMPI, AGED50YEARS, S/O.MANI, KARIMKULATHIL HOUSE, PUTHUMALA P.O., ELAVAYAL, WAYANAD DISTRICT.
4. SATHOSH PATTAYIL, AGED50YEARS, S/O.VIJAYAN, PATTAYIL HOUSE, PUTHOORVAYAL P.O., MEPPADY, WAYANAD DISTRICT. BY ADV. SRI.R.DIVAKARAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN:
695. 009.
2. STATE OF KERALA, REPRESENTED BY CHIEF FOREST CONSERVATOR, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN:
695. 014.
3. DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICE, SOUTH WAYANAD FOREST DIVISION, KALPATTA, WAYANAD, PIN:
673. 121.
4. DISTRICT COLLECTOR, COLLECTORATE, KALPATTA, WAYANAD DISTRICT, PIN:
673. 121. WP(C).No. 8996 of 2014 (Y) 5. VILLAGE OFFICER, VELLERIMALA VILLAGE, WAYANAD DISTRICT, PIN:
673. 578. BY SPL. GOVT.PLEADER MR.MADHAVANKUTTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0304-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 8996 of 2014 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE CRAYA CERTIFICATE DATED2909/1995 ISSUED BY THE LAND TRIBUNAL, MANANTHAVADI DATED2909/1995. EXT.P2: A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE DATED1605/2013. EXT.P3: TRUE COPY OF THE CRAYA CERTIFICATE ISSUED BY THE LAND TRIBUNAL, KALPATTA IN SMP NO.74/84 DATED1210/1984. EXT.P4: A TRUE COPY OF THE LAND TAX RECEIPT DATED2711/2012. EXT.P5: TRUE COPY OF THE CRAYA CERTIFICATE ISSUED BY THE LAND TRIBUNAL, KALPETTADATED0704/1988. EXT.P6: A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VELLARIMALA VILLAGE OFFICE DATED2707/2013. EXT.P7: THE TRUE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER, VELLARIMALA. EXT.P8: A TRUE COPY OF REGISTRATION CERTIFICATE ISSUED FROM COMMISSIONERATE OF FOOD SAFETY,KERALA STATE DATED3101/2013. EXT.P9: COPY OF LICENCE ISSUED TO1T PETITIONER FROM MEPPADI GRAMA PANCHAYAT AS PER NO.A2.2829/12. EXT.P10: A COPY OF REGISTRATION CERTIFICATE FROM COMMISSIONERATE OF FOOD SAFETY, KERALA STATE TO ROY THOMAS. EXT.P11: TRUE COPY OF LICENSE ISSUED TO MR.ROY THOMAS FROM MEPPADI GRAMA PANCHAYAT. EXT.P12: TRUE COPY OF REGISTRATION CERTIFICATE FROM COMMISSIONERATE OF FOOD SAFETY,KERALA STATE TO K.M.THAMPI. EXT.P13: TRUE COPY OF LICENCE ISSUED TO MR.K.M.THAMPI FROM MEPPADI GRAMA PANCHAYAT. EXT.P14: A TRUE COPY OF NOTICE BEARING NO.1544/12 DATED1803/2014 ISSUED TO1T PETITIONER BY THE3D RESPONDENT. EXT.P15: A TRUE COPY OF NOTICES BEARING NO.1544/12 DATED1803/2014 ISSUED TO2D PETITIONER BY THE3D RESPONDENT. EXT.P16: A TRUE COPY OF NOTICES BEARING NO.1544/12 DATED1803/2014 ISSUED TO2D PETITIONER BY THE3D RESPONDENT. EXT.P17: A TRUE COPY OF NOTICES BEARING NO.1544/12 DATED1803/2014 ISSUED TO3D PETITIONER BY THE3D RESPONDENT. EXT.P18: A TRUE COPY OF NOTICES BEARING NO.1544/12 DATED1803/2014 ISSUED TO3D PETITIONER BY THE3D RESPONDENT. EXT.P19: A TRUE COPY OF NOTICES BEARING NO.1544/12 DATED1803/2014 ISSUED TO4H PETITIONER BY THE3D RESPONDENT. EXT.P20: A TRUE COPY OF NOTICES BEARING NO.1544/12 DATED1803/2014 ISSUED TO4H PETITIONER BY THE3D RESPONDENT. EXT.P21: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE3D RESPONDENT DATED2403/2014. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. MANJULA CHELLUR,C.J.
& A.M.SHAFFIQUE, J.
= = = = = = = = = = = = = = = = W.P.(c) No.8996 of 2014 = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2014 JUDGMENT
Manjula Chellur,CJ Writ petition is filed by petitioners challenging Exts.P14 to P20 series of notices issued by Divisional Forest Officer (3rd respondent). According to petitioners, they obtained property as per patta issued by Land Tribunal Mananthavady and Kalpetta. Later they constructed a building therein, according to the procedure contemplated, after obtaining necessary license from Grama Panchayat. Property belonging to the forest department is included in Re-survey No.124/19 of Vallarimala village.
2. The property of the forest department lies on the eastern side of the Panchayat road and the petitioner's property is situated on the western side. All the shop rooms constructed by the petitioners have licence from Meppadi W.P.(c) No.8996 of 2014 2 Grama Panchayat and registration certificates from Commissionerate of Food Safety Kerala. According to Forest Rules and Eco System, they have spent huge amounts towards the cost of articles and employed number of employees.
3. While functioning their shops, as stated above, the above said notices were issued intimating that during inspection conducted by the 3rd respondent as per the instructions from High Court in W.P.(C)No.14033 of 2012, petitioners and others were found encroaching certain portion of forest property in Re-survey No.124/19, Block No.32 of Vellarimala village in Meppadi Panchayat. So petitioners were directed to vacate the same within 10 days from the date of receipt of the notice. According to petitioners, allegations raised against them are baseless, irrelevant and without any substance. Petitioners though submitted their representation, nothing was considered. 3rd respondent has initiated steps to demolish buildings in which petitioners are functioning, therefore, they are before this Court seeking following reliefs:- W.P.(c) No.8996 of 2014 3 "i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction call for records leading to Exts.P21 and quash Exts.P14 to P20. ii)Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the petitioners are in possession of their properties on the basis of title deeds issued by the Land Tribunal. Iii)Issue a writ in the nature of mandamus or any other appropriate writ, order of direction directing the 3rd respondent to pass appropriate orders in Ext.P21 representation. iv) Grant any other appropriate relief, which is prayed by the petitioners during the course of hearing which this Honourable Court may deem fit and proper in the facts and circumstances of the case." 4. As a matter of fact, petitioners approached this Court in a Public Interest Litigation in W.P.C No.4033 of 2012 and during the course of pendency, they raised serious issues contending that, in the forest area, the department itself has put up certain shops and conducted business by selling food items which would affect the ecology of the forest. During the W.P.(c) No.8996 of 2014 4 said process, petitioners insisted that this Court should direct the forest department to initiate steps against encroachers of forest land. This Court in the said case directed the forest officials to conduct inspection and take steps to recover forest property, which was encroached by private parties. In that process the present notice seems to have been issued to petitioners. Whether the portion of land occupied by the shops of the petitioners or other buildings put up by petitioners involves portion of property assigned to them under Land Reforms Act and also includes forest property is a factual situation.
5. However, respondent-department has placed on record sketch and several documents indicating that an inspection was conducted and as per the sketch produced, forest line is clearly indicated, apart from indicating shops in possession of petitioners and also shops put up by forest department.
6. We are of the opinion, in a writ petition, this disputed factual situation cannot be looked into and the same has to be W.P.(c) No.8996 of 2014 5 adjudicated before proper forum. Accordingly, this writ petition is dismissed and petitioners are at liberty to take recourse to proper forum, in accordance with the procedure contemplated. None of the observations herein would persuade the authority which would look into the matter and decide the controversy. MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE. sj4/4