W.P(C).No.29188/2020-W 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.29188 OF 2020(W)
PETITIONERS:
1 SAMSON VARGHESE,
AGED 45 YEARS,
S/O.VARGHESE, AINIKKAL HOUSE, MARATHAKKARA P.O.,
THRISSUR DISTRICT, PIN - 680 320.
2 ELIZABETH THOMAS,
AGED 54 YEARS, W/O.THOMAS, PULIKKUNNEL HOUSE,
KANNAMBRA P.O., PALAKKAD DISTRICT, PIN - 678 686.
BY ADVS.
SRI.T.KRISHNANUNNI (SR.)
SRI.VINOD RAVINDRANATH
SMT.MEENA.A.
SRI.K.C.KIRAN
SMT.M.R.MINI
SRI.M.DEVESH
SRI.ASHWIN SATHYANATH
SHRI.ANISH ANTONY ANATHAZHATH
SHRI.THAREEQ ANVER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, MINISTRY OF
FOREST AND WILD LIFE, THIRUVANANTHAPURAM,
PIN - 695 001.
2 THE PRINCIPAL SECRETARY,
MINISTRY OF FOREST AND WILD LIFE,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
4 THE DIVISIONAL FOREST OFFICER,
THRISSUR, PIN - 680 001.
5 THE DISTRICT COLLECTOR,
THRISSUR, PIN - 680 001.
W.P(C).No.29188/2020-W 2
6 THE VILLAGE OFFICER,
MADAKKATHARA VILLAGE, THRISSUR - 680 651.
7 RANGE FOREST OFFICER,
PATTIKAD FOREST RENGE, THRISSUR, PIN-680 652.
SPL. GP (FOREST) SRI.NAGARAJ NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.29188/2020-W 3
P.V.ASHA, J.
--------------------------
W.P(C).No.29188 of 2020-W
-------------------------------------------
Dated this the 5th day of January, 2021
JUDGMENT
The petitioners have again approached this Court complaining that immediately after the judgment Ext.P3 dated 01.12.2020 by which they were allowed to cut/replant the rubber trees, the 7th respondent has issued Ext.P4 stop memo stating that the survey number of the property is different and also accusing the petitioners that they have misled this Court. The petitioners point out that Ext.P5 as well as Exts.P6 to P8 would show that the old survey number 272 has been renumbered as 1146 and 1147 and the respondents have been receiving lease/rent towards the said property in those survey numbers and there cannot be any dispute with respect to the identification of the property which is in possession of the petitioners.
2. In the said circumstances, I find that there is no basis for Ext.P4 stop memo and the same shall stand set aside. There shall be a direction to the competent authority to carry out a mini survey which would be subject to the judgments in L.A.A.No.595/1992 and W.A.Nos.365/2012 and 401/2012 pending before this Court, as expeditiously as possible, at any rate within a period of two months.
The Writ Petition is disposed of as above.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(C).No.29188/2020-W 4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED
16.12.1967 EXECUTED LUCY KOCHUVAREED.
EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED
14.11.2011 IN W.P.(C)NOS.23050/2011 AND 12020/2010 OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P3 TRUE COPY OF OF THE JUDGMENT DATED 01.12.2020 IN W.P(C)21572/2020 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 22.12.2020 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPORT DATED 10.12.2008 SUBMITTED BY THE TAHSILDAR, THRISSUR TO DISTRICT COLLECTOR, THRISSUR.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 04.12.2006 FORWARDED BY VILLAGE OFFICER, MADAKKATHARA TO TALUK OFFICE, THRISSUR.
EXHIBIT P7 TRUE COPY OF THE CHALAN RECEIPT RECEIVED BY THE OCCUPANTS DATED 12.08.2013.
EXHIBIT P8 TRUE COPY OF THE CHALAN RECEIPT RECEIVED BY THE OCCUPANT DATED 13.05.2015.
EXHIBIT P9 TRUE COPY OF THE REPLY DATED 24.12.2020 FILED BY THE 1ST PETITIONER.