V.V. Augustine vs District Collector,

Type Court Judgment Court Kerala Decided Nov 18, 2021

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https://sooperkanoon.com/case/1684941

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Citation: sooperkanoon.com/1684941
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Nov 18, 2021
Case Number: WP(C)/21102/2021

Parties & Advocates

Appellant / Petitioner

V.V. Augustine

Respondent

District Collector,

Excerpt

.....must be concluded without any avoidable delay. i also record that sri.t.p.sajan - learned special government pleader, has informed this court that the steps in this regard will be-4- competed not later than two months. in the afore circumstances, i order this writ petition and direct the competent respondents to measure out the property of the petitioner - which has been ordered to be restored to the petitioner's predecessor-in-interest as per the directions of the forest tribunal in o.a.no.1047 of 1974 - adverting to his document of title,namely, document no.270/94; and to, thereafter, issue him the necessary noc with respect to the extent claimed by him, if he is found eligible, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. needless to say, while the afore exercise is completed, the petitioner will also be heard and his version recorded. it is also without necessity to state -5- specifically that, if, after the afore exercise, the extent now claimed by the petitioner is found to be eligible to him, then steps for collection of tax on it and for issuance of other necessarycertificates, as may be applied for by the petitioner, will be acceded to, without any avoidable delay. sd/- devan ramachandran judge akv -6- appendix of wp(c) 21102/2021 petitioner exhibits exhibit p1 true copy of the order passed by 3rd respondent exhibit p2 true copy of the commission report submitted in os no.358 of 2000 before the munsiff court, ottapalam along with the sketch exhibit p3 true copy of judgment in wpc 230175 of 2011 of high court of kerala, ernakulam exhibit p4 true copy of the order passed by 3rd respondent exhibit p5 true copy of the representation along with postal receipt given by the petitioner before 1st respondent exhibit p6 true copy of the representation submitted before tahsildar ottapalam with postal receipt and acknowledgment card respondent's/s exhibits : nil. //true copy// p.a. to.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943 PETITIONER: SRI.V.V.AUGUSTINE, AGED 78 YEARS, VALAVANTHURUTHU HOUSE, CHETTADIKUNNU, VENGACHERRY.P.O., OTTAPALAM, PRESENTLY RESIDING AT VALUVANATHURUTHEL HOUSE, EDAPPALLY P.O., KOCHI-682 024. BY ADV M.V.MATHEW RESPONDENTS:
1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, PALAKKAD-678 001. 2 VILLAGE OFFICER, AMBALAPARA-1 VILLAGE, VENGASSERY, PALAKKAD DISTRICT-679 516. 3 CUSTODIAN OF ECOLOGICAL FRAGILE LAND & ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (DEVELOPMENTS) THIRUVANANTHAPURAM-695 001. 4 DIVISINAL FOREST OFFICER, OFFICE OF THE DIVISIONAL OF FOREST OFFICER, PALAKKAD-678 001. 5 CHIEF CONSERVATOR OF FORESTS, EASTERN CIRCLE, OLAVAKKODE CIRCLE, PALAKKAD-678 002. 6 TAHSILDAR, OTTAPALAM TALUK, OTTAPPALAM, PALAKKAD DISTRICT, PIN-679 101. BY ADV.SRI.T.P.SAJAN.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The petitioner, in the midst of the various allegations and assertions in this writ petition, seeks that the competent respondent be directed to issue him a “No Objection Certificate” (NOC), with respect to 40 cents of land, comprised of in Sy.No.282/4 of Ambalapara 1 Village.

2. However, the afore request of the petitioner is resisted by the Department of

Forests saying that, as per the orders in O.A.No.1047 of 1974, the petitioner's predecessor- in-interest was ordered to be restored only 5.22 acres of land in Sy.No.1/pt; and that even going by the title document of the petitioner, namely document No.270/94, he has title only over the said extent. The respondents, therefore, say that the present claim of the petitioner over 40 cents of land in Sy.No.282/4 is untenable.

-3-

3. When I consider the afore submissions, it is without doubt that, on one hand, the petitioner says that he is only claiming rights over the property which has been ordered to be restored to

him     by     the     competent         Forest       Tribunal     in
O.A.No.1047      of    1974;      while,    the      Department    of
Forests      alleges       that     he    has    encroached      into
certain        additional           areas       in    Sy.No.282/4.

Obviously, therefore, this is a matter that can be resolved only after a proper measurement is done, adverting to the order of the Forest Tribunal in O.A.No.1047 of 1974.

4. That said, since the petitioner has been awaiting relief for the last several years, I am of the firm view that any steps for measurement of

the property must be concluded without any avoidable delay. I also record that Sri.T.P.Sajan - learned Special Government Pleader, has informed this Court that the steps in this regard will be

-4- competed not later than two months. In the afore circumstances, I order this writ petition and direct the competent respondents to measure out the property of the petitioner - which has been ordered to be restored to the petitioner's predecessor-in-interest as per the directions of the Forest Tribunal in O.A.No.1047 of 1974 - adverting to his document of title,

namely, document No.270/94; and to, thereafter, issue him the necessary NOC with respect to the extent claimed by him, if he is found eligible, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. Needless to say, while the afore exercise is completed, the petitioner will also be heard and his version recorded. It is also without necessity to state -5- specifically that, if, after the afore exercise, the extent now claimed by the petitioner is found to be eligible to him, then steps for collection of tax on it and for issuance of other necessary

certificates, as may be applied for by the petitioner, will be acceded to, without any avoidable delay. Sd/- DEVAN RAMACHANDRAN JUDGE akv -6- APPENDIX OF WP(C) 21102/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE COMMISSION REPORT SUBMITTED IN OS NO.358 OF 2000 BEFORE THE MUNSIFF COURT, OTTAPALAM ALONG WITH THE SKETCH EXHIBIT P3 TRUE COPY OF JUDGMENT IN WPC 230175 OF 2011 OF HIGH COURT OF KERALA, ERNAKULAM EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION ALONG WITH POSTAL RECEIPT GIVEN BY THE PETITIONER BEFORE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE TAHSILDAR OTTAPALAM WITH POSTAL RECEIPT AND ACKNOWLEDGMENT CARD RESPONDENT'S/S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE

Same Court & Year Kerala · 2021 Same Parties V.V. Augustine vs District Collector, Same Judge Honourable Mr. Justice Devan Ramachandran