Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943 WP(C) NO. 24038 OF 2021 PETITIONERS: 1 KHADEEJA AGED 48 YEARS W/O. LATE MOHAMMED ALI, PALAYYANKKODAN HOUSE, 2 NIYAS AGED 28 YEARS S/O. LATE MOHAMMED ALI, PALAYYANKKODAN HOUSE, 3 FATHIMA AGED 33 YEARS D/O. LATE MOHAMMED ALI, PALAYYANKKODAN HOUSE, 4 HASEENA AGED 30 YEARS D/O. LATE MOHAMMED ALI, PALAYYANKKODAN HOUSE, BY ADVS. ALEX.M.SCARIA A.J.RIYAS SARITHA THOMAS
RESPONDENT: CUSTODIAN OF VESTED FORESTS, ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE, PALAKKAD -678 002 BY ADV.SRI.T.P.SAJAN, SPECIALGOVERNMENT PLEADER, (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No.24038 of 2021 -------------------------------- Dated this the 17th day of December 2021
JUDGMENT
The above writ petition is filed with following prayers: “(i) Issue a Writ of Mandamus or any other Writ, Order or Direction directing the respondent to comply with the order in Exhibit-P1 and to issue NOC in favour of the petitioners in respect of the land covered by Exhibit-P1 recording that restoration is affected;
(ii) To issue such other Writ, Order or Direction as this Honourable Court may deem fit and proper in the facts and circumstances of this case.”
2. The grievance of the petitioners is that
as per Ext.P1 order, the respondent was directed to restore the property of the petitioner and even now the same is not restored and so far NOC has not been issued. Today when the matter came up for consideration, the learned Special Government Pleader (Forest) submitted that a statement is filed. It will be better to extract paragraph 3 of the statement.
“3. It is submitted that the petitioners' representation before Hon'ble Forest tribunal, Kozhikode in I.A.No.292/2015 in OA No.345/1976 was allowed as per judgment dated 05.10.2018 with direction to the respondents to restore the property covered by the document No.1329/91 of SRO Alanallur within 6 months. Based on that steps were initiated from the part of respondent to get an approved survey sketch and fair area list of the area as per the judgment dated 05.10.2018 from Assistant Director, Forest Mini Survey, Kozhikode. The approved sketch of the same was received to respondents on 19.08.2020. True copy of the approved sketch dated 10.08.2020 is produced herewith and marked as Annexure R1(a). On verification of the same in field, it was revealed that the “Plot No.1” is situated outside the boundary of Pothopadam Malavaram (VFC.Item No.18). Whereas the “Plot No.2” mentioned in the approved sketch was within the boundary of Pothopadam Malavaram. But the area mentioned in the approved sketch was not mentioning the separate areas mentioned corresponding to “Plot No.1 and Plot No.2” as to which category that it belongs i.e. a Vested forest or an Occupied land. Also on verification of the approved sketch with that of Pothopadam Malavaram notification it was revealed that the Sy.No.51/Alpt mentioned in
the approved sketch of Assistant Director, Forest Mini survey, Kozhikode dated 10.08.2020 is not coming in the vested forest notification of Pothopadam Malavaram. True copy of the Pothopadam Malavaram Notification is produced herewith and marked as Annexure R1(b). Hence these defects need to be rectified before issuing NOC to the petitioner as the land involved in the I A-292/2015 was already being restored to the applicant in OA Division. Representations to rectify the defects were submitted to the Assistant Director, Forest Mini Survey, Kozhikode and the report is awaited from the part of the same.”
3. It is stated that there was some
mistake when the property was measured by the Assistant Director of Forest Mini survey, Kozhikode and he provided a sketch. There was some defect in the sketch and the rectification is going on. Six months time is necessary for rectification and in the meanwhile the NOC will be issued, is the submission by the Special Government Pleader. Admittedly Ext.P1 order is passed on 05.10.2018. There is no justification for the delay in complying the directions. Anyway, considering the facts and circumstances, the respondent shall restore the property based on Ext.P1, if not already restored, and issue NOC within five months from today. With the above direction, this writ petition is disposed. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 24038/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 05-10- 2018 BEFORE THE FOREST TRIBUNAL, KOZHIKODE. EXHIBIT P2 TRUE COPY OF THE REMINDER DATED 13- 09-2021 EXHIBIT P3 TRUE RELEVANT PAGE OF THE ACKNOWLEDGMENT DUE CARD DATED 14-09- 2021 IN RESPECT OF THE SERVICE OF EXHIBIT P2 DEMAND. RESPONDENTS EXHIBITS ANNEXURE R1(A) TRUE COPY OF THE ORDER DATED 05-10- 2018 BEFORE THE FOREST TRIBUNAL, KOZHIKODE. ANNEXURE R1(B) TRUE COPY OF THE REMINDER DATED 13- 09-2021 //TRUE COPY// PA TO JUDGE